Resolution Institute

Pulse

 
  SEPTEMBER 2018 Visit www.resolution.institute


Legal update

brought to you by

A trivial pursuit: does every little gripe trigger a dispute resolution clause?
Wolfe v Sydney Bush Walkers Inc [2018] NSWSC 1032 >>
Thanks to Karen Ingram (Partner) and Adriano Poncini from Clayton Utz Litigation and Dispute Resolution team, for preparation of the Legal Update.

Member's voice

Rachel Lohrey, New Zealand
Rachel shares her reflection on the family dispute resolution regime in New Zealand >>

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


Webinars & podcasts

Perspectives on expert determination 
PODCAST | During this NSW Facilitative SIG event, presenters Bill Taylor and Steven Goldstein shared some colourful case study insights, provided unusual references to expert determination, including a reference to ED by the court, and Steven provided a personal perspective on the State of SA v Goldstein >>

Webinars provide learning in the comfort of your own office 
If you missed a webinar, don't worry. Purchase a webinar recording instead. Recent additions include:

WEBINAR | Dr Rachael Field: Using dispute resolution processes in matters where there is a history of domestic and family violence >>

WEBINAR | Dr Kathy Douglas: Addressing conflict in apartment living: the benefits of skilled mediation >>

DR articles & info

Australia’s (In)Capacity in International Commercial Arbitration
Kluwerarbitration.com Professor Luke Nottage evaluates the arguments presented by Austrade at ICCA Congress 2018, held in Sydney, pitching Australia as an attractive destination for international commercial arbitration cases in the Asia-Pacific region >> 

Click-wrap agreements the way of the future ‒ but make sure they're legal
Claytonutz.com Read these case notes to examine the enforceability of Uber's terms & conditions, and consider how click-wrap agreements would be enforced in Australia >>

The sins of the preparer: the adjudicator’s view
PDF | During this NSW Adjudication SIG event, Chris Nielsen and Scott Pettersson discussed recent cases and shared tips and traps in relation to conducting adjudications >>

New Queensland BCIPA regime is ready for its December 2018 start – are you?
Claytonutz.com Read about the changes in the new BCIPA regime made to payment claims, payment schedules & the adjudication process >>

Tripartite subcontracts: The new road block to subcontractor cash-flow?
Piperalderman.com RI member Robert Riddell and his colleague explore how tripartite subcontracts can make enforcement of a subcontractors’ rights through security of payment more difficult and expensive >>

New South Wales Returns Fire in the Security of Payment Wars
Piperalderman.com RI member Robert Riddell presents highlights of the recently released public consultation draft of the Building & Construction Industry Security of Payment Amendment Bill 2018 >>

Politics and Posturing: Anchoring versus Creative Options
kluwerarbitration.com Text here >>

Building Coalitions and Story Telling
mediate.com Written from the perspective of a trial lawyer this piece explores the significance of storytelling in building coalitions with the decision makers and holding effective mediations >>

Civility may not be enough – but it’s a good start
kluwerarbitration.com RI member Ian Macduff discusses how civility supports and inhibits effective dialogue, and its relevance to mediation >>

Amendments to the NSW Farm Debt Mediation Act come into effect
mccabecurwood.com.au Check out the amendments set out in the Farm Debt Mediation Amendment Bill 2018 (NSW) that came into effect on 3 September and are now in force >>

Divorce hotels are coming to Australia
smh.com.au Founded seven years ago by CEO Jim Halfens, DivorceHotel International operates in US and the UK, offering separating couples a 48-hour hotel stay where they undergo mediation processes and make their divorce arrangements >>


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Professional learning


Resolution Institute

Local networking & CPD

FREE: Bill Eddy Lecture: Can difficult people change? >>
Newcastle, 2 Oct

Sydney Conflict Coaching Practice Group >>
Sydney, 6 Oct

NSW Adjudication Master Class >>
Sydney, 6 Oct

Workshop on FDR Issues in ALRC Family Law Discussion Paper >>
Sydney, 9 Oct

Facing mediation's existential crisis >>
Perth, 10 Oct

Greenfields for Mediators? Alternative Applications for Mediation Skills >>
Melbourne, 11 Oct

Conflict fatigue and co-mediation >>
Hobart, 16 Oct

FREE: Arbitration Week 2018 | Offshore energy arbitration : lessons learnt >>
Melbourne, 16 Oct

Resolving the impossible impasse >>
Newcastle, 18 Oct

Franchising Mediations >>
Sydney, 18 Oct

WA Arbitrators’ Master Class >>
Perth, 20 Oct

Expert evidence in arbitrations: topical issues >>
Brisbane, 23 Oct

Three Legally Assisted Models of Mediation >>
Sydney, 24 Oct

Webinars

Preparing for your mediation accreditation assessment >>
9 Oct, 12 pm AEDT | 2 pm NZDT

The intersection of Family Dispute Resolution and family violence: implications for evidence gathering and mediation confidentiality >>
16 Oct, 12 pm AEDT | 2 pm NZDT

‘A walk towards Everest’ reaching a new peak in your preparation for mediation >>
23 Oct, 12 pm AEDT | 2 pm NZDT

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

FREE RI Ambassador webinars: 
Reflections on ADR from a career in Government with Ian Govey AM>>
30 Oct , 12 pm AEDT | 2 pm NZDT

Training

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


Other providers

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

Restorative practices for transforming workplace culture >>
with Victoria University of Wellington
Wellington, 5 Oct

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

Tracing a construction case >>
with Lighthouse Club Victoria
Melbourne, 18 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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