Resolution Institute


  January 2019 Visit

Legal update

brought to you by

Mi v Li [2018] ACTCA 66: A cautionary tale on the challenges of challenging an Arbitral Award
Mi v Li [2018] ACTCA 66 >>

Thanks to Karen Ingram (Partner) and Roxana Carrion from Clayton Utz Litigation and Dispute Resolution team, for preparation of the Legal Update.

Member's voice

Member's voice has taken a break over the holidays....

Thoughts to share?
If you would like to share views, reflections or ideas with fellow members, we welcome article submissions  at >>

DR articles & info 

Simpler, cheaper ways to resolve a dispute If you've ever been involved in a legal dispute – or know someone who has – you’ll be aware that a court case can be a long and harrowing process, and very costly. Fiona Hollier, Resolution Institute CEO, promotes the use of professional dispute resolvers.>>

Ombudsman urges small business to avoid ‘expensive’ legal system Small Business Ombudsman Kate Carnell says business owners need to be ‘more aware’ of ways to resolve disputes in lieu of engaging within the court system. Ms Carnell says ‘a large percentage’ of small businesses are not aware of various mediation services, according to the federal small business ombudsman's ‘Access to Justice’ inquiry. She told Sky News the court dispute is an expensive and often ‘unnecessary’ mechanism to resolve small business disputes.>>

Read the report "Access to Justice - Where do small businesses go?" here>>

Family Justice System Review initial report released | NZ The Family Justice Review Panel has today released a paper outlining the Panel's initial thoughts on a proposed direction for change to the Family Justice System, along with a summary of submissions from the first round of consultation.  The panel is due to report back to the Minister of Justice with recommendations for change in May. See the Panel's reports: Strengthening the family justice system>> Submissions Summary>>

Family Justice System: what will it take to fix it | NZ
North & South Feature describes the family justice system in NZ as broken and seeks a variety of perspectives on what it might take for the current review to fix it>>

Victorian Small Business Commission launches its first video conference mediation New video conferencing facilities will give Victorian small businesses greater access to dispute resolution services.>>

Greg Rooney discusses the value of mediator skills for modern commercial practice Traditioonal skills mediators use daily "are the same soft skills that leaders and managers in the commercial world need to use to manage the flow of networks between people in the way that allows for the safe space for minority views, diverging opinions, conflict and internal disruption to emerge.">>

ASIC consulting on review of internal dispute resolution From February 2019, ASIC will be consulting publicly on a review of existing IDR guidance set out in Regulatory Guide 165, Licensing: Internal and external dispute resolution.  This review will include the definition of 'complaint', requirements for immediate resolution or within 5 business days, maximum IDR timeframes and written reasons for decisions made by superannuation trustees about complaints.>>

Brexit: how a third-party mediator could break the parliamentary impasse "It is a dialogue of the deaf where their conflicting positions are dominating their underlying needs and interests. In other conflict situations, calling on a third party to facilitate dialogue has helped to mediate and explore common interests.">>

Webinars recordings

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 |  Rosemary Howell: Navigating the narrative>>
"A really thought-provoking, well-researched webinar. Great slides and references"
"Rosemary Howell combines experience, high level research and a very relatable way of story telling, which all makes for an incredibly effective and valuable learning experience. The observations around evaluative mediations and concern for the narratives not to be sidelined, were very insightful and helpful for me in my mediation practice. Thank you!"

WEBINAR |  Chris Marshall: Apology in dispute resolution>>
"Prof Chris Marshall is so very considered and so engaging. Among a thousand professors he would stand out as the greatest teacher..."
“I thought this webinar was really informative, as did another one of my colleagues whom I registered for it.”

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Professional learning

Resolution Institute

Local networking & CPD

Watch this space for events in 2019 from the new Professional Development Groups!


The 2019 webinar programme is underway!

Feb 20 - The future of dispute resolution with Tania Sourdin>>

Feb 26 - In Different Voices: refugee and migrant communities' engagement with conflict resolution with Anet Kate>>

March 5 - The philosophy and practice of Restorative Engagement with Janine Carroll>>

And look out for...
March 6 - Shelby Timmins on collaborative practice
March 20 - Judy Dell on damaging behaviours in the workplace and when to mediate


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

Other providers

How to run a workplace mediation>> with Elizabeth Rosa
Sydney 11-12 Mar 2019
Melbourne 28-29 Mar 2019
RI member discount code RESOLVE5

Advanced elder mediation professional development>> with Judy McCann-Beranger (EMIN) and Assoc. Prof. Dale Bagshaw (EMAN) 
Adelaide 3-5 April 2019

Foundations in Public Participation (IAP2)>>
Techniques for Effective Public Participation 9 & 10 April 2019
Planning for Effective Public Participation - 13, 14 & 15 May 2019

Conciliation in the shadow of the law>> with David Bryson & Michael Mitchell
Melbourne 13-14 May 2019
RI member discount 10%

Transforming conflict into cooperation through group conferencing>> with Dr David Moore and Dr Alikki Vernon
Melbourne 15-17 May 2019

Hong Kong Institute of Construction Adjudicators (HKICAdj) adjudicator training course>> delivered by experienced adjudicators and cross-border expert trainers
Hong Kong 20-23 May 2019
(early bird fees end 31 Jan 2019)

Strategies for Dealing with Opposition and Outrage in Public Participation (IAP2)>>
Sydney 23 & 24 May 2019

Tuscany mediation retreat >>
with Margaret Ross and Greg Rooney
Tuscany, Italy 15-22 Jun 2019

Intensive Negotiation Skills >>  with Michael Klug
Auckland 29-30 Jul 2019
RI member discount available

Sent by Resolution Institute,
Sydney - Wellington