Resolution Institute

Pulse

 
  AUGUST 2018 Visit www.resolution.institute


Legal update

brought to you by

Identity unknown: What happens to an arbitration agreement if a non-existent person is supposed to nominate the arbitrator?!
Broken Hill City Council v Unique Urban Built Pty Ltd [2018] NSWSC 825>>
Thanks to Karen Ingram (Partner) and Tanya Thomas from Clayton Utz Litigation and Dispute Resolution team, for preparation of the Legal Update.

Member's voice

Anet Kate, New Zealand
Anet provides an interesting overview of co-mediation - outlining models, its benefits and possible drawback and even some handy procedural tips  >>

Megan Lewis, Australia
Megan shares lessons learnt in her regional NSW practice and encourages members to 'go forth and mediate >>

Thoughts to share?
If you would like to share views, reflections or ideas with fellow members, Pulse welcomes article submissions for consideration at communications@resolution.institute >>


Webinars & podcasts

DR articles & info

The NZ Court of Appeal pronounces on family dispute resolution
McKay v The Commissioner of Inland Revenue addresses that agreements to mediate should clearly address and distinguish the separate issues of privilege and confidentiality. This article first appeared in LawNews Issue 26, 3 August 2018, published by ADLS, and is reproduced here with permission >>

The fear of the sole arbitrator
 Kluwerarbitration.com Are three arbitrators better than one? This article discusses whether there is a fear of sole arbitrators and a benefit of multiple member tribunals >> 

Using a speaking stick in mediation
Kluwerarbitration.com Resolution Institute member Alan Limbury explores how the use of a speaking stick in mediation can fulfil five important functions including pragmatic and symbolic functions >>

The cost of ambiguity in dispute resolution
herbertsmithfreehills.com The Supreme Court of South Australia recently dismissed an application for a permanent stay of proceedings on the ground that the parties were not subject to a binding agreement to arbitrate. This article highlights the importance of drafting dispute resolution clauses that clearly express the parties’ intent and which can be given effect >>

Introduction to smart contracts
Kluwerarbitration.com A smart perspective on some of the positives and negatives of smart contracts >>

No nuances in adjudicator’s duty: Nuance Group v Shape Australia [2018] VSC 362
holdingredlich.com The examination of this case emphasises that parties should carefully consider the process adopted by the adjudicator to ensure it complies with the requirements of the Act >>

Victorian Supreme Court quashes adjudication where Adjudicator fails to value defective work
kcllaw.com.au Resolution Institute member Alan Bidychak draws attention to the importance of drafting contract terms for the making of final progress claims that are consistent with the other provisions of the contract and commercially sensible >>

Meditate, mediate, medicate: is there a difference?
mediate.com In this reflective piece Resolution Institute Member Barbara McCullogh explains her interpretation of meditation (the process of letting go of conscious thought), mediation and medication in conflict resolution >>


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Professional learning


Resolution Institute

Local networking & CPD

A fireside chat with Annabel Shaw.  Networking & PD event >>
Wellington, 5 Sep

A tale of two 'seats'  - Astro v Lippo case >>
Melbourne, 11 Sep

LGBTIQA+ perspectives in dispute resolution >>
Sydney, 18 Sep

Conflict fatigue and co-mediation >>
Hobart, 18 Sep

Workshop on FDR issues in ALRC family law discussion paper >>
Sydney, 9 Oct

Webinars

Mediation and mental health >>
5 Sep, 12 pm AEST | 2 pm NZST

Mediation in New Zealand - an overview with Grant Morris >>
12 Sep, 12 pm AEST | 2 pm NZST

The Non-Responsive Respondent! – Taking arbitration forward and how? >>
18 Sep, 12 pm AEST | 2 pm NZST

(Re) Solving the World's Big Problems with Annabel Shaw>>
Resolution Institute Ambassador
24 Oct , 12 pm AEDT | 2pm NZDT

Reflections on ADR from a career in Government with Ian Govey AM>>
Resolution Institute Ambassador
30 Oct , 12 pm AEDT | 2pm NZDT

Training

Mediation NMAS training >>
Mediation 'Refresher' training >>
Mediator assessments >>
CINERGY™ 4-day conflict coaching >>
CINERGY™ 2-day 'Refresher' training >>


Other providers

The essence of facilitation >>
with Zenergy Global
Thames (North Island NZ), 3-7 Sep

Collaborative practice introductory training >>
with Dr Gaye Greenwood, Kirsty Swadling & Selina Trigg
Christchurch, 21-22 Sep

International Advanced Course for Mediators >>
with Joanna Kalowski (Aus), Heather Allen, Lawrence Kershen QC, David Richbell
Tuscany, 23-28 Sep

How to run a workplace mediation >>
with Elizabeth Rosa
Sydney, 24-25 Sep
Discount code for members: RESOLVE5

The art of facilitation >>
with Zenergy Global
Auckland, 26-30 Sep

Supervison skills course >>
with New Zealand Coaching Mentoring Centre
Auckland, 2-3 Oct

Conflict transformation through group conferencing >>
with Dr David Moore & Dr Alikki Vernon
Canberra, 17-19 Oct

Conciliation in the shadow of the law >>
with David Bryson & Michael Mitchell
Member discount available

Melbourne, 12-13 Nov

Construction law workshop >>
with the University of Western Australia
Perth, 20-23 Nov

 

 

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