annual report 2015

Resolution Institute ANNUAL REPORT

2015

Combining LEADR & IAMA

Resolution Institute Annual Report 2015 1

Contents

Welcome to Resolution Institute 2015 __________________________________________________ 1

Support and sponsorship _____________________________________________________________ 2

Chair’s Report _____________________________________________________________________ 3

Treasurer’s report __________________________________________________________________ 6

CEO’S Report ______________________________________________________________________ 8

Governance ______________________________________________________________________ 10

Leadership, management and financial responsibility _____________________________________ 15

Cooperation and promotion of Dispute Resolution _______________________________________ 18

Education and training ______________________________________________________________ 22

Standards of DR practice ____________________________________________________________ 28

Member services __________________________________________________________________ 34

New Zealand Committee report _____________________________________________________ 42

Australian Capital Territory Chapter report _____________________________________________ 44

Newcastle (News South Wales) Chapter report _________________________________________ 45

Sydney (News South Wales) Chapter report ____________________________________________ 46

Queensland Chapter report _________________________________________________________ 47

South Australia Chapter report ______________________________________________________ 48

Tasmanian Chapter report __________________________________________________________ 49

Victorian Chapter report ___________________________________________________________ 50

Western Australian Chapter report ___________________________________________________ 52

WA Family Dispute Resolution Practitioner (FDRP) Special Interest Group (SIG) report __________ 54

Appendices _____________________________________________________________________ 55


Welcome to Resolution Institute 2015

What we do Resolution Institute is a vibrant community of mediators, arbitrators, adjudicators, restorative justice practitioners and other DR professionals.

Created from the integration of LEADR with IAMA on 1 January 2015, Resolution Institute is a not-for-profit organisation with more than 4,000 members in Australia, New Zealand and the Asia Pacific region. Resolution Institute services and activities are aligned with and directed towards the achievements of the Objects, in our Constitution, to:

promote the use of dispute resolution (DR) practised by its members

foster the use of DR to prevent, manage and resolve conflict and disputes

contribute to the growth and development of DR through consultation with government, business, individuals and other organisations

provide information about DR and about DR practitioners to the public

develop and support high standards of practice in DR

provide and encourage the provision of education, training, accreditation and research in DR

provide services to support the professional development and practices of DR practitioners. In particular, we provide education and accreditation services which underpin the Objects in adjudication, arbitration, expert determination, expert witness, CINERGY® Conflict Management Coaching, Family Dispute Resolution (FDR), mediation and probity.


Support and sponsorship

Resolution Institute acknowledges the generous support we received in 2015.

Pulse case law reviews We extend our special thanks to the Clayton Utz Litigation and the Dispute Resolution team for their monthly legal case notes.

Resolution Institute video assessment and networking event venues

Thank you to the following organisations that generously provided rooms for networking and forum events:

Belperio Clark Lawyers (SA)

Children’s Court Conciliation Conference Centre (VIC)

Clayton Utz (NSW)

Corrs (NSW)

Cowell Clark (SA)

Colin Biggers & Paisley (NSW)

Family Relationships Centre (Newcastle)

Halsmith Dispute Resolution Rooms (WA)

HWL Ebsworth Lawyers (QLD)

Jackson McDonald (WA)

Minter Ellison (QLD)

Salamanca Arts Centre (TAS)

Bell Gully (Auckland)

Kensington Swan Lawyers (Wellington)

Ministry of Business, Innovation and Employment (Auckland)


Chair’s Report

Welcome to the 2015 Annual Report 2015 has been a momentous year. The integration of LEADR and IAMA on 1 January 2015 is an historic accomplishment in Australasian Dispute Resolution and one which has been commended locally and throughout the global DR community. Consultation began in July 2014 between the IAMA Council and the LEADR Board and a plan for integration started to take shape. Culminating in November 2014 and accomplished on 1 January 2015, the LEADR and IAMA integration was supported overwhelmingly by members and is testament to the foresight and commitment of many. The way in which Resolution Institute has developed through 2015 is to the credit of members, the Committees of Chapters and Special Interest Groups (SIGs), the staff and the Directors of the Board. My Report this year is a message of acknowledgement, recognition and gratitude to members of Resolution Institute in all your diversity. For LEADR members in New Zealand (NZ) and Australia, this was the second integration in two years. As the members of the Institute of Arbitrators and Mediators (IAMA) have done in 2014, in 2013 the members of LEADR NZ put their Constitution aside to integrate with LEADR. These have been bold moves by all, motivated by enhancing members’ opportunities in the interests of influencing the evolution of sustainable justice in Australasia. Those bold moves are now history. They are discrete events. What has and is following is less precise and more complex. Members voted in favour of integration and have since been supportive, patient and considerate through the formative stages. From time to time, some members have expressed their concern about the progress of aspects particularly important to them and they have been frank in doing so. As befits the reputation of professional dispute resolvers, these members have provided feedback when others might have criticised; they have listened, when others might have responded with contempt to explanations offered regarding unmet expectations. This mindset characterises a membership that lives and practises resolution.

Members who joined state and regional Chapter Committees throughout Australia have embraced the diversity of the collective membership. The structure and roles of Committees and the various approaches to networking events have arrived at satisfying and innovative outcomes. A number of Chapter Committees have been co-convened as a transition structure, demonstrating as the term implies the cooperative tone and adaptive capacities of dispute resolution professionals. SIG Committees have similarly put integration into practice with their focus on members’ specialisations and on fostering individual and professional excellence.

Resolution Institute staff, under the leadership of CEO, Fiona Hollier and General Managers, Ellie Pietsch and Catherine Cooper, are the multitalented designers and engineers of the integration. The task on which the leadership team has worked with extraordinary commitment, optimism and care is a complex and systemic one. It is complex because progress occurs in nonlinear ways and each change ripples at various frequencies and amplitudes throughout the organisation. The leadership team is simultaneously developing the infrastructure of Resolution Institute while maintaining the broad range of functions of


Chair’s Report continued…

each of the previous organisations in ways which add value for members. While this is happening, the staff are the people who are embracing the regular challenges and the sufficiently frequent surprises of integration. Four groups of Directors have been pivotal to the progress of Resolution Institute, keenly contributing to the strategic direction of the organisation. The first group are the Directors and Councillors of LEADR and IAMA who, in late 2014, volunteered to stand aside in the interests of forming the integrated Board of LEADR & IAMA. Each of the people in this group, Dr Andrew Canon, Deborah Clapshaw, Carole Grace, The Hon Robert McClelland, Carol Powell, Neil Turner, Rosemary Dupont, Scott Ellis, Michael Heaton QC, Graeme Robinson and Toby Schnookal QC have demonstrated their commitment to the advancement of Dispute Resolution in Australia with their years of service to IAMA, to LEADR and in politics. The second group were Directors of LEADR NZ in late 2013, Mark Beech, Annabel Shaw, Jon Everest, Carol Powell, Anna Quinn, Jan Avery, Deborah Clapshaw and Richard Goodall. Members of this group agreed to form the New Zealand Committee to support the LEADR Board of 2014 and the Board that then became the LEADR & IAMA Board of 2015. The NZ Committee has established a track record of supporting and informing the Australasian Board. The third of the groups are those Directors who, as members of the inaugural Board of LEADR & IAMA, after consciously and conscientiously contributing to the strategic direction of the integrated organisation through its first year, have decided to make way for members to elect new Directors. Having made a dedicated contribution, Rowena McNally, Jonathan Smith, Warren Fisher and Jeremy Gormly SC have made that decision. I look forward to each becoming a member of the alumni of Resolution Institute. The fourth group of Directors who have been pivotal to Resolution Institute is the group of 2015 Directors, comprising those who have nominated for the Board of 2016-2017: Mark Beech, David Watt, Alysoun Boyle, Annabel Shaw, David Egarr, John Fisher, Jon Everest, Mieke Brandon and Russell Thirgood and those

who, noted above, are moving on. The Board of 2015 has been a diligent, thoughtful and friendly Board. This is a Board that started working together only 10 months ago; had a considerable amount to learn about the integrated organisation and has listened, discussed and considered thoroughly to make all of its decisions by consensus. What is it that members, the Chapter Committees, SIGs, staff and Directors of the Board have in common that has engendered such cooperative spirit? According to the Global Peace Index 2015, published by the Institute for Economics and Peace, it is the attributes of resilience which are the capacity to cope, to adapt and to transform. It is my observation that the

membership and staff of Resolution Institute cultivates resilience and embodies those attributes. My thanks to you, that is to each of the people referred to above; to those who are named; and to all 4430 members for your resilience with good humour. The change that you voted for is well on the way to being accomplished. Adopting, for only a moment, a ‘literary licence’ (some might say an ‘ill literary licence’; others an ‘illiterary’ one), having contributed to the change and being a resolution-oriented person, perhaps you


Chair’s Report continued…

could consider yourself both a ‘resolutionary revolutionary’ and a ‘revolutionary resolutionary’. There ends the moment. The significance of this first year of Resolution Institute will be most productively reflected on with the benefit of hindsight. Instead, projecting two years ahead to 2017, to the time when the next Board is about to be elected, I believe that Resolution Institute will have all its current strengths, which can be summarised as altruism, together with many strengths of a newly established organisation with a strong history. Among its current strengths is its focus on members. I anticipate that among its future strengths will be maintaining a proactive approach on behalf of members as well as focusing on achieving sustainable justice in society. That is, by October 2017, Resolution Institute will be quite a different organisation from the one you have forged in 2015 and appropriately so. The Annual Report describes your thriving membership organisation. I trust you will enjoy reading it.

Margaret Halsmith Chair


Treasurer’s report

An operating surplus in 2015

Achieving a surplus of $5,945 in 2015, after the first six months of operating as an integrated organisation, is simply outstanding. Representing six months of pre-integration trading and six months of trading as LEADR & IAMA, this result is especially pleasing as our budget estimates for 2014-15, prepared eighteen months ago, forecast a deficit. The total revenue derived in 2014-15 was $3.119 million ($2.308 in 2013-14). The principal driver of these revenues continues to be the demand for training courses offered by Resolution Institute. Compared to the previous year, the direct costs incurred in providing various training courses at venues across Australasia were higher in both absolute and relative terms in 2014-15. This means the profit margin in providing training courses decreased (30% in 2014-15 compared to 34% in the previous year). Membership revenue to 30 June amounted to $683,000. This figure is not directly comparable to the previous year due to the integration of the two membership groups. I expect that it will take another 12 – 18 months before we see stabilisation in membership revenue.

Other revenue was also derived from facilitation & mediation fees, nomination fees, room hire and interest-bearing deposits. In 2014-15, operating costs amounted to $1.777 million ($1.175 million in the previous year). At the time of the integration in January 2015, our best estimate for 2014-15 operating costs was in the order of $1.5 million. To have come in

just over 10% higher than budget, especially in the context of a significant and complex integration, speaks volumes of the effectiveness of the CEO and the Resolution Institute management team in monitoring and, more importantly, containing operating costs. As noted in my previous reports, the Board, in conjunction with the CEO and the Resolution Institute management team, are working on a number of initiatives to improve services to members. The ‘special projects’ agreed upon by the Board are subject to budgetary controls to ensure they are delivered in a financially responsible manner. In broad terms, the ‘special projects’ expenditure has been formulated with a view to delivering additional and improved services to members, including:

Website development

Branding initiative

Database integration

Expansion of the Sydney office

$0

$200,000

$400,000

$600,000

$800,000

$1,000,000

$1,200,000

$1,400,000

$1,600,000

$1,800,000

$2,000,000

2012-2013 2013-2014 2014-2015

Training Membership Referral fees Room hire fees


Treasurer’s report continued…

Key income areas 2013 - 2015 In 2014-15, Resolution Institute was also the beneficiary of a generous bequest from the Estate of the Late Larry Morgan. Mr Morgan, a Victorian member, had a special flair for understanding the true meaning of alternative dispute resolution. The 2014-15 accounts for LEADR & IAMA also record the transfer of net assets from previous IAMA entity into the integrated entity (see page 10 of the financial accounts).

Audit for 2014-15

The auditor, RP Campbell Associates Pty Limited, has completed its audit of the financial statements for the year ended 30 June 2015 and has issued an unqualified audit opinion.

Budget for 2015-16

The budget for the year ending 30 June 2016 was approved by the Board at its July 2015 meeting. Based on information available to the Board at the time, the Budget for 2015-16 forecast an operating deficit (of less than $100,000). Based on recent

trading results and some exciting opportunities arising in New Zealand, there are strong indications that a breakeven result from operations for 2015-16 is likely. This expected breakeven result from operations in 2015-16, before budgeted expenditure on ‘special projects’, subject to timing, could be as much as $500,000 in 2015-16. As always, the Board will continue to adopt a prudent approach to the financial management of the Resolution Institute. Lastly, I wish to record my thanks and appreciation for the extraordinary efforts of the CEO and the Resolution Institute team. It is always a pleasure working with a team so willing to provide support and assistance with grace, efficiency and in a very professional and courteous manner.

David Watt Honourary Treasurer

2014-2015 $

2013-2014 $

Net assets 1,449,292 1,054,301

Cash balance 2,385,085 1,735,770

Income

Training (net) 574,372 578,259 Membership 682,709 380,971 Referral fees 177,893 15,698 Room hire fees 58,837 89,863 Other revenue 288,761 116,092

Total income 1,782,572 1,180,434

Expenses

Special projects 179,594 80,215 Other expenses 1,597,033 1,095,219

Total expenses 1,776,627 1,175,434

Net surplus 5,945 5,449

Capital investment (infrastructure)

- 94,003

Retained earnings 5,945 -88,554

Note: Special projects refers to re‐investment of surplus in project to provide business infrastructure and services to members.


CEO’S Report

Anchoring 2015 in Resolution Institute values

A threshold event for the Resolution Institute was choosing a new name. The process of the Board, with senior staff, for choosing the name was challenging, stimulating and exciting. It was challenging as we robustly debated and deliberated over several months on the opportunities presented by bringing LEADR and IAMA together. It was stimulating, drawing on the input from our members, as we articulated the aspirations for the future of the integrated organisation to contribute significantly to the DR landscape. It was exciting as we knew that a new name would truly launch us on a new trajectory, focused on the interests of DR users and their desire for solutions when issues arise which impede them getting on with business or with relationships. Fundamental to achieving our aspirations, was to be clear on

two aspects: purpose and values. It is the values – collaboration, diversity, innovation, excellence and integrity – which are exhibited in so many of our day to day endeavours and which have served as an anchor, particularly when the waters of integration have been turbulent. The value, collaboration, has been evident throughout 2015. We have witnessed the dedication of members to work together to create local committees and to generate local events. Staff have been buoyed by the willingness of members to share their knowledge and expertise in areas unfamiliar to staff. We have enjoyed cooperating with members to deliver a suite of training programs often requiring flexibility from all concerned. Staff located in Resolution Institute offices in Sydney, and in Wellington, as well as those in home offices, continue to collaborate to work as an Australasian team. Collaboration has been perplexing from time to time as members and staff have reached across the gaps of the different expectations, cultures and practices of the former organisations and of different national and state jurisdictions. Our collaboration has yielded many achievements. We look forward to many more. The integration of LEADR and IAMA is a celebration of diversity. Resolution Institute has brought together professionals who are skilled in a wide range of DR methodologies. This means that we can go to the market with a briefcase of diverse processes for assisting people toward resolution. Our focus is on the promise of resolution, rather than a competition between different types of DR. Resolution Institute has also brought together a team of staff members with diverse skill sets. In the former LEADR and IAMA, staff numbers were small. Each staff member needed to be a ‘jack-of-all-trades’ to cover the wide range of services that each of the organisations offered. Now, the larger organisation gives us the scope to recruit more staff members and to develop specialist teams: Nominations, Learning Pathways, Training & membership services, Database development and Communications. To grow the DR market and to grow the strength of the Resolution Institute, is dependent on the capacity of Board members and staff to be innovative. While we treasure the history of both organisations, our focus is increasingly on the future. What DR services do DR users want? What does the upcoming generation of DR professionals expect from a professional membership organisation?


CEO’S Report continued…

How will we foster the development of DR expertise in those who are just entering the field? How can we deliver a range of member services that are cost effective and attractive to members? How do we promote a commitment by our members and staff to ongoing professional learning? What approaches can we adopt to raise the standards of DR delivery? Innovative thinking, in the context of an integrated organisation with expanded capacity, is the key for providing us with innovative approaches to address the

challenges embedded in these questions. Both of the constituent organisations of Resolution Institute have gained reputations for excellence in the education, grading and accreditation offered over many years. Both have provided high quality continuing professional development to members and colleagues alike. Both have championed systems of nominations, recognition of skill and expertise within the wider DR community to grow DR as a profession that can be trusted by users of DR. The Annual Report will record the breadth of activities in this first year of integration which exemplify our pursuit of and commitment to excellence. Integrity is both the final and arguably the most important value. Integrity is about aligning our actions with our words; it is about being trustworthy; it is about behaving with the highest standards of personal and professional ethics. It heartens me that so many Resolution Institute

members and staff have demonstrated impeccable integrity as the realities of the integration have presented their challenges. In particular, I extend my thanks to each General Manager, Catherine Cooper and Ellie Pietsch, for their clarity of principle and personal support. I thank our staff team for demonstrating practical integrity on a daily basis, as they seek to align all that they do with Resolution Institute policies and procedures and with the mindset of DR. I also thank the Board for their professional and personal support and guidance, which provides me with sustenance to embrace the challenges and opportunities of the integrated organisation. I extend my thanks in particular to the Treasurer, David Watt for his constructive input and feedback which provides the assurance of our financial soundness. Finally, I thank the Chair, Margaret Halsmith for her ready availability, her wise counsel and her critical appraisal of choices that need to be made. I consider myself fortunate indeed to have a professional relationship with the Chair that supports me personally and extends my capacity and skills to embrace the possibilities presented now and in the future by Resolution Institute. I look forward to extending the integration in 2016 and to increasingly putting our energies into growing the influence of Resolution Institute.

Fiona Hollier Chief Executive Officer


Governance

The Board Resolution Institute is governed by a Board of Directors, elected biennially by members and drawn from the membership across Australasia. Once elected, each Director is responsible, both collectively and individually, to consider the interests of members from throughout Australasia. While the composition of the Board has state and territory connections, in practice, each of the Directors is required to maintain a holistic view of Resolution Institute.

The Board meets its responsibilities for governance and for the financial health of the organisation through regular meetings, both face to face and by teleconference. Board decision making, in line with that mandated by the Constitution, is made by consensus. Because consensus requires thorough deliberation on the different aspects of each topic, it provides a robust process for effective decision making. The Board focuses attention on the business activities of the Resolution Institute within the framework of the Key Result Areas (KRAs) and associated goals as follows:

Governance: Resolution Institute will be exemplary in its implementation of effective, inclusive and responsible governance.

Leadership, management and financial responsibility: Resolution Institute will maintain itself as a financially viable charity strategically ensuring its long term sustainability.

Cooperation and promotion of dispute resolution: Resolution Institute will promote the development, acceptance and usage of DR in the community, through the media and by working cooperatively with dispute resolution agencies, universities, government and business.

Training and education: Resolution Institute will be a highly regarded provider of quality training in facilitative, advisory and determinative dispute resolution processes.

Standards of DR practice: Resolution Institute will facilitate and encourage practitioners to develop and enrich their standards of practice throughout their professional lives.

Membership and membership services: Resolution Institute will be the membership body of first choice for dispute resolution professionals.

New name and logo The Board considered its most important task in 2015 to be developing a new name for the integrated organisation. The 34 potential names (brainstormed by the Board and members) varied in their relevance, their effectiveness in conveying the function and purpose of the organisation and in their potential appeal to members and the public. They also varied in their availability and appropriateness as a domain name (URL).

A survey sent to members in April 2015 yielded response by 540 members, stakeholder and staff to questions about:

opportunities associated with integration

organisational values

what should be retained and what needed to grow The survey answers affirmed for the Board the directions for the future.


Governance continued…

In a day-long meeting, Board members distilled the core features of the organisation:

Our members - highly professional with extraordinary depth, range of experience and expertise across the full suite of dispute resolution types

Our values - integrity, innovation, excellence, collaboration and diversity

Our methods - we support members and champion the practice and promotion of excellence in dispute resolution

Our purpose - through our members, we provide people with the means to resolve disputes

Our aspiration - for people to think of the members of our organisation and for resolution to be embedded in the way that people settle disputes, manage conflicts, make decisions and grow collaborative relationships.

Deliberating on the outcome of this process, the Board decided by consensus on, ‘Resolution Institute’. Providing an identity for members, the organisation and current and future clients, our new name

conveys the gravitas of both resolution and of the people, our members, who practise dispute resolution

contributes to ‘resolution’ being fundamental to the way people settle disputes, manage conflicts, make decisions and grow collaborative relationships

includes the word ‘institute’ which encompasses different features of the organisation. Its meanings include an organisation that delivers educational programs, established to promote a cause, that frequently has membership base.

The Board chose the logo as it represents coming to a resolution from different starting points. The arcs, as parts of a circle, suggest inclusiveness and belonging. As well, the logo resonates with our values:

the pattern of woven lines reflects collaboration

the colours represent diversity

the modern, forward movement conveys innovation

the clean crisp lines align with integrity, and

the blend of colours on a clear white background suggest excellence.



Resolution Institute Directors The Resolution Institute thanks all Directors who have contributed to the Resolution Institute over the past twelve months. All 2015 Board members (pictured below) have previously served as members of the Board of LEADR or the Council of IAMA, as noted in the brief biographical information about each.

Margaret Halsmith (Chair), in practice since 1995, provides mediation for individuals, business and government. An active member of the WA Chapter for many years, a Board member since 2004 and Chair of the Board since 2007, Margaret is committed to the promotion, development, acceptance and usage of DR. Margaret was a member of the former NADRAC and is Vice-Chair of the Independent Standards Commission of the International Mediation Institute.

Rowena McNally (Immediate Past Chair) has over 25 years experience in DR as a commercial lawyer and practitioner and is former President of IAMA Council since 2010. Her areas of expertise include banking, primary industries, major regional water storage infrastructure, health and management of churches. Rowena holds an LLB, FIAMA, FAICD, FAIM, Professional Certificate in Arbitration, Professional Certificate in Mediation, is a Grade 2 Arbitrator, Expert Determiner, Accredited and Registered Adjudicator (QLD), and Mediator. Rowena joined the Board in 2015.

Mark Beech (Vice Chair), partner in NZ law firm Holland Beckett, has particular expertise in commercial and employment disputes and was appointed to the Board in 2013. His training includes advanced mediation through Pepperdine University, School of Law, California and negotiation training through Harvard law school. Mark was the Treasurer of LEADR NZ from 2005-2011, Chair of LEADR NZ from 2011-2013.

David Watt (Treasurer) has specialised in providing forensic accounting expertise to lawyers and their clients for the past 20 years. David is the Principal of David Watt & Co, a boutique accounting practice providing services in insurance litigation, commercial litigation, family law and fraud investigations. David was elected to the Board in 2010.

Russell Thirgood (Company Secretary), BA, LLB (Hons), LLM (Hons), FACICA, FIAMA, is a practising arbitrator and partner at McCullough Robertson Lawyers. He is a visiting lecturer in DR at the University of Melbourne and University of Queensland, and has been General Editor of the arbitrator & mediator since 2002. Russell has also authored the ADR chapter in Butterworths Encyclopaedia of Forms and Precedents. A member of IAMA Council since 2012, Russell joined the Board in 2015.

Alysoun Boyle, an active member for over 15 years, has held positions including ACT Chapter Chair, National Councillor and was elected as IAMA National Vice-President in 2010. As a facilitative practitioner, Alysoun provides DR training/education and practice in areas including public housing, human rights, guardianship, mental health, family, workplace and community disputes. Alysoun is a member of the Australian Dispute Resolution Advisory Council (ADRAC) and of the Law and Society Association (USA). Alysoun joined the Board in 2015.



Mieke Brandon, elected to the Board in 2013, is a mediation trainer, mentor, researcher and co-author of Mediating with Families (3rd ed. Thomson Reuters, 2012) and Conflict and Dispute Resolution: A guide to practice (Oxford University Press, 2007). Mieke is a nationally accredited mediator, registered FDRP and an advanced practitioner with the Association of Conflict Resolvers (USA), as well as Senior Teaching and Research Member of Bond University, DRC.

David Egarr has held commercial management positions in public infrastructure, water resources and commercial construction for the past 15 years. He is a Grade 3 arbitrator and a registered adjudicator under the Building and Construction Industry Security of Payment Act 2009 (SA). David has been an Associate member and member of the SA Chapter since 2006, and a member of IAMA Council since 2008. David was elected to the Board in 2015.

Jon Everest, with previous experience on the LEADR NZ Board, joined the Board in 2015. He is also a trainer, assessor and coach for Resolution Institute. Jon is a mediator with advanced accreditation, working mainly in workplace and family matters and he regularly facilitates restorative justice conferences and safety culture evaluations. Jon has provided an independent conflict resolution service to the Victoria University of Wellington since 2003.

Warren Fischer is Managing Director of Alternative Dispute Resolution Services Pty Ltd, a Fellow, a Grade 1 arbitrator, an accredited mediator, Fellow of the Australian Institute of Company Directors and a Queensland registered adjudicator. Warren has been a member of IAMA Council since 2004 and was President of the QLD Chapter. He was elected to the Board in 2015. Warren is also an Energy Arbitrator, Specialist Adjudicator and Independent Adviser to the Co-ordinator General and has previously co-authored The Adjudicator’s Guide.

John Fisher, BSc, P Cert Arb, CEng MICE, FAPM (CertPM), FCIArb, FIAMA, is a chartered civil engineer with over 40 years experience in international project management. He currently serves on the WA Chapter and was elected to the IAMA Council in 2012. John is an arbitrator, WA and NT adjudicator, mediator, and Senior Sessional Member at the WA State Administrative Tribunal. John’s own practice specialises in construction, project recovery and DR. John joined the Board in 2015.

Jeremy Gormly SC is a practising barrister at Denman Chambers as well as mediator with The Dispute Group. Jeremy was appointed to the Board in 2014, is former Chairman of NADRAC and is current Chair of ADRAC. On a joint Commission from the Commonwealth Attorney-General and the Minister for Science and Personnel, Jeremy was appointed to mediate long outstanding claims from the 1964 HMAS Voyager-Melbourne collision.

Annabel Shaw works is an accredited mediator, coach and law lecturer. Annabel’s many years of membership includes service on the LEADR NZ Board and the Board since 2011. Annabel holds a law degree from Victoria University and Diploma in Dispute Resolution from Massey University. She has also worked previously as a lawyer, conciliator, facilitator, negotiation trainer, and in HR.



Jonathan Smith, B.App.Sc, B.Bus is a Principal of Flagstaff Consulting Group Pty Ltd. Jonathon holds a Professional Certificate in Arbitration, is a Grade 3 Arbitrator, a Registered Senior Adjudicator (QLD), and a Qualified Adjudicator (SA) and has been a member of IAMA Council since 2012. Jonathan has been extensively involved in DR during large scale procurement contracts. Jonathan has 37 years experience in engineering, management and government administration in Australia, the UK, New Guinea and South Africa. Jonathan was elected to the Board in 2015.

Former Directors who have contributed to integration activities We thank the many Directors who have played a vital and insightful role during the very significant integration activities of the past two years. We acknowledge them for their willingness to retire from their positions as Directors as the Boards were re-configured to meet the requirements of the integrated organisation. We also say thank you to those who retired as a result professional opportunities elsewhere. In particular, we thank:

Directors of the LEADR NZ Board, for their contribution to the integration of LEADR NZ with LEADR in 2013: Mark Beech (Chair), Annabel Shaw, Jon Everest, Carol Powell, Anna Quinn, Jan Avery, Deborah Clapshaw and Richard Goodall

Directors of the LEADR Board for contributing first to the integration with LEADR NZ in 2013 and then second to the process of integration with IAMA during 2014: Dr Andrew Cannon, Deborah Clapshaw, Carole Grace the Hon Robert McClelland and Carol Powell

Directors of the IAMA Council for their contribution to the process of integration with LEADR in 2014: Neil Turner (past Senior Vice President of IAMA), Rosemary Dupont, Scott Ellis, Michael Heaton QC, Graeme Robinson and Toby Schnookal QC.

As of the Annual General Meeting held 26 November 2015, the current Board of Directors are Margaret Halsmith (Chair), Mark Beech (Vice Chair), David Watt (Treasurer), Russell Thirgood (Company Secretary), Alysoun Boyle, Jon Everest, John Fisher, Dr Rosemary Howell and Jeanette Kinahan.


Leadership, management and financial responsibility

Restructure and staffing To meet the broad scope of activities across the Dispute Resolution (DR) spectrum, the operations of Resolution Institute were restructured in Sydney and expanded in Wellington in 2015. The goal was to extend customer centric delivery. Recruiting additional staff to coordinate and extend specific areas of business, our specialised teams now include:

Executive

Learning pathways

Member engagement

Training & membership services

Nominations

Communications

Financials

Database development

Premises

To accommodate our growth, office space has been enlarged in both Sydney (pictured left) and Wellington (pictured below right). The additional space in both locations also provides improved capacity for the use of DR rooms and training facilities.


Leadership, management and financial responsibility cont…

Resolution Institute staff Executive team Financials team

Fiona Hollier

(Sydney) Ellie Pietsch

(Sydney) Catherine Cooper

(Wellington) Gerry Westhuis

(Wellington) Robert Grima

(Sydney)

Learning pathways team Database development

Cassy Ashford (Sydney)

Natalia Duzyk (Sydney)

Keo Chiem (Sydney)

Michelle de Vries (Sydney)

Phil Millen (Sydney)

Membership engagement team Nominations team

Sue Ahyee (Sydney)

Mel McDonald (Sydney)

Lisa Maltby (Adelaide)

Helen Goddard (Perth)

Lian Drinan (Sydney)

Belinda Cachia (Sydney)

Wellington training & membership service team Communications

Corinne Edge (Wellington)

Michelle Vui (Wellington)

Kathy Broad (Wellington)

Rebecca Davis (Sydney)


Leadership, management and financial responsibility cont…

Other team members in 2015

Long term staff Thank you to Sue Smith for 18 years of service as our Finance Officer, Ros Hunter for four years of service in video assessments and Margaret Murphy for more than seven years service in training and memberships. Short term staff Thank you to Lynn Mathot, Tony Piccolo and Lucy Pickford who worked with us on a short terms basis in 2015. Casuals Assisting us with training, ‘kon gres and other special projects in 2015, we thank Gerard Hernandez, Michelle Graham, Natalia Karasseva, Omar Andrade, Bastien Wallace, Cathy Buykx, Faye Hurlock and Margarita Adams. We also thank Eva Lin and Luke Sundercombe who assisted us on a casual basis in 2015 and continue to do so. Interns We appreciate the contribution of interns from the University of New South Wales: Amy Campbell, Ramona Wolfe, Connor Taylor, Priscilla Luong, Lien Hoang, Winona Wawn and Cameron McPhedran. Resolution Institute happily offered each of these capable and committed students additional project work in the future.


Cooperation and promotion of Dispute Resolution

Resolution Institute continued the tradition of its constituent organisations, LEADR and IAMA, of participating in cross‐sector activities in 2015.

Conferences and events Regional Arbitral Institutes Forum (RAIF) Conference 2015,

Malaysia

Proudly sponsored by Resolution Institute, RAIF brings together national arbitration bodies throughout Australasia. We are grateful to Immediate Past Chair, Rowena McNally who gave a presentation at RAIF 2015, describing arbitration developments in Australia. Chair, Margaret Halsmith and Vice Chair, Mark Beech joined Rowena (pictured left) in meeting

colleagues from other member organisations, and in listening to keynote presenters.

Resolution Institute is excited to be hosting RAIF to coincide with the Sydney Arbitration Week in November 2016.

Sydney Arbitration Week

Resolution Institute was proud to host the opening lunch address for Sydney arbitration week in partnership with Minter Ellison. Professor Doug Jones (Aus), Sir Ian Barker (NZ) and Helena Chen (China) gave insightful presentations on current trends in international arbitration

Global Pound Conference (GPC) Series

In 2015, Resolution Institute met with the GPC Series Central Organising Committee to progress organisation of the GPCs to be held in Sydney and Auckland. The goal of the GPC Series is to create conversation around access to, and quality of, justice around the world in civil and commercial conflicts. The approach taken involves engaging all stakeholders in the field of DR worldwide via locally-based events. These events will provoke debate on existing tools and techniques, stimulate new ideas and generate actionable data on what corporate and individual DR users actually need and want.

Industry affiliations

Mediator Standards Board (MSB)

Resolution Institute continues to support the MSB in its development of mediator standards and in the implementation of the National Mediator Accreditation System (NMAS). The role the CEO holds as Deputy Chair of the MSB is supported by the Board and, in 2015, the CEO contributed to the launch of the revised NMAS. These positive changes and improvements, implemented in July 2015, aligned NMAS with global developments in mediation.


Cooperation and promotion of Dispute Resolution cont…

International Mediation Institute (IMI)

Resolution Institute continues to support IMI in its promotion of transparency and high competency standards in worldwide mediation practice. Resolution Institute is the only Australasian body who can approve mediators for IMI certification. Resolution Institute is currently working with IMI and associated bodies to implement the Global Pound Conference in Sydney and Auckland.

Voluntas Constructive Conversations pilot program

In 2015, Resolution Institute began supporting a new organisation, Voluntas to establish their pilot program providing free mediation services to the volunteer sector in NSW. Due to commence in February 2016, this pilot is designed to assist with the prevention, management, and resolution of conflict.

Dispute Resolution Industry Forum

The DR Forum Steering Committee, of which the CEO is a part, held another event in early 2015 to discuss important changes in the DR landscape, the ongoing role and purpose for the DR Industry Forum and presenting a strong and united voice to government.

Resolution Institute welcomed South Korean delegates

In June 2015, we hosted seven delegates from the Gyeonggi Provincial Government, Republic of Korea for a discussion regarding the dynamics and applications of DR in Australia (pictured left). Later in the year, the CEO and Australia GM also met with three South Korean delegates from the Ministry of Justice who were investigating mediation as an alternative to their current Court system.

Competitions

Consensual Dispute Resolution Competition (CDRC) Resolution Institute proudly sponsored this brand new competition, specifically designed to promote the growth of consensual DR. We are grateful to accredited members, Dr Rosemary Howell and Emma-May Litchfield, for travelling to Vienna to coach a group of UNSW students for the competition (pictured right). Resolution Institute will be sponsoring the 2016 CDRC, scheduled for 28 June to 2 July 2016.

University of Canberra MOOT In 2015, Resolution Institute adopted the sponsorship, established by IAMA in 2011, of one of the world's most prestigious international trade law competitions, the annual Willem C Vis (East) International



Commercial Arbitration Moot Court Competition. Thank you to ACT Chapter member, Rosemary Dupont for presenting the Resolution Institute prize at the Awards ceremony.

SCRAM WA and Mock Mediation Competition NSW

Resolution Institute continued their sponsorship of both these competitions in 2015, awarding the winning school(s) a voucher to attend our 5 day mediation course. Congratulations to Mock Mediation winners, Lady of Mercy College, Parramatta and SCRAM winners, Cape Naturaliste College.

Scholarships

Mediation scholarship, New Zealand (NZ) In 2015, we received a large number of applications for our 5 day Mediation course scholarship. We were particularly impressed with the wide range of valuable work being done in the NZ community and found it inspiring to see such strong interest in DR. Congratulations to winners Ani Pitman, Christina Barruel, Liz O’Brien and Sally King.

Collaboration with universities Victoria University of Wellington

Resolution Institute supported students entering the International Chamber of Commerce (ICC) Commercial Mediation Competition. In February 2015, Resolution Institute Coach, Dr Grant Morris travelled to Paris for the competition with Victoria University’s Faculty of Law Team (pictured left).

Also partnering in research, Victoria University of Wellington provided the first data on commercial mediation in NZ. A follow up research scholarship will commence this summer, exploring the ‘gatekeeper’ function in commercial mediation.

QLD Negotiating Outcomes On Time (NOOT) Competition

Resolution Institute continued to proudly sponsor the QLD Administrative Appeals Tribunal NOOT competition in 2015. Thank you to QLD Chapter Co-Chair, Karyn Reardon for presenting our 5 day Mediation course as first prize to Cameron McCormack and Tim Noonan of Bond University.

NZ University prizes for Dispute resolution

Early in 2015 Resolution Institute was proud to award the following students recognition for excellence in

their dispute resolution studies: University of Auckland - Samuel Johnston, University of Canterbury -

Charlotte Cooper and Kelly Philip, University of Otago - Ella Thompson, The University of Waikato - John

Delaney, Victoria University of Wellington - Angela Sargent.

University of New South Wales (UNSW) Since early 2014, Resolution Institute partnered with UNSW to provide internship opportunities for



students undertaking their undergraduate or post‐graduate bachelor of laws degrees. Eight students have joined us this year

Resolution Institute training counted as university credit

Our 5 day Mediation course continued in 2015 to be counted as qualifying credit toward the Master of Dispute Resolution at UNSW, and toward Faculty of Business degrees at Charles Sturt University.

Promoting careers in DR The Victorian Chapter attended Monash University Law Student Society Careers fair in 2015, presenting information about Resolution Institute, various forms of DR and possible career pathways for students. Also in 2015, Resolution Institute was proud to feature in the Sydney University and University of Auckland career guides.

Voice on DR issues to government Productivity Commission draft 2014 report

Responding to the mention that significant scope remained for increasing the use of DR in the civil justice system, Resolution Institute contributed a submission which was then referenced in the report.

Treasury and Productivity Commission (Australia)

Following our 2014 submission, the CEO met with The Treasury in early 2015 to discuss the Small Business and Family Enterprise Ombudsman draft Bill. Subsequent to that discussion, Resolution Institute put forward an additional written submission.

Land Access Implementation Committee

Proposing an Independent Panel of dispute resolvers to be included under the Mining and Energy Resources (Common Provisions) Act 2014 (QLD), Resolution Institute explored various models of DR with the QLD Minister for Natural Resources and Mines in 2015.

Government Centre for Dispute Resolution

Catherine Cooper, GM NZ and Resolution Institute Director, Jon Everest participated as members of MBIE’s Government Centre for Dispute Resolution's (GCDR) program advisory group in 2015. These groups were established as part of a Stakeholder Engagement Plan, assisting in the development of strong and effective approaches to dispute resolution within government

Family Dispute Resolution (FDR) in New Zealand

Receiving funding from the Ministry of Justice, Resolution Institute delivered FDR professional development workshops to 62 participants in 7 locations around NZ in 2015. Resolution Institute continues to participate in a range of forums on FDR and to represent the views of members advocating for a high quality FDR system in NZ.


Education and training

Training approach Resolution Institute continues to deliver high quality training programs for individuals who wish to:

become DR practitioners

undertake continuing professional development (CPD)

apply DR and related skills in their workplaces

Our programs in 2015 explored the core concepts and models of dispute resolution and offered participants the opportunity to participate in experiential activities that developed their practical skills.

2014 -2015 Courses

Note: Figures represent courses run by LEADR from July – Dec 2014 and by the integrated organisation from Jan – June 2015.

Spanning the DR spectrum In 2015, Resolution Institute offered a suite of training courses covering the spectrum of DR processes.

Arbitration Continuing an established partnership between IAMA and Adelaide University, Resolution Institute worked with Adelaide University to ensure that the curricula for the Professional Certificate in Arbitration is current and to confirm that Resolution Institute members will continue to provide the practical skills component of the course in 2016.

Resolution Institute also progressed CPD training opportunities in arbitration through our Chapters in 2015, holding an Arbitration Master Class in WA and NSW. Attendance at these Master Classes was/is compulsory for those wishing to maintain grading.

Conflict Management Coaching Conflict Management Coaching is a one-on-one process in which a trained coach assists people to effectively manage their interpersonal disputes and to gain increased competency in their conflict management skills. Conflict management coaching may be used in the workplace and a range of other contexts and there are also many applications of this process. In 2015, Resolution Institute continued to offer learning pathways toward becoming an accredited coach, including the CINERGY® Conflict Management Coaching course and the Leader as a workplace coach workshop.

Public training courses 26 Mediation course (5 day) 8 Conflict management coaching course 3 Developing effective intake process course 4 FDR course (1 day) 4 FDR course (2 day) 1 FDR course (3 day) 1 Mediating workplace bullying complaints course

2 Practitioner’s Certificate in Mediation

In-house training courses 3 Leader as workplace coach workshop 3 Conflict management coaching course 4 Mediation course (5 day) 3 Conciliation course (5 day)

5 Mediation refresher course


Education and training continued…

Probity Services, Expert Determination and Expert Witness

In the last six months of 2015, Resolution Institute ran two Probity Services courses in Brisbane and Sydney. The Sydney course was booked out with substantial interest expressed for 2016. The comprehensive program includes practical case studies covering the essentials of probity and ethics principles and practice, particularly in procurement related processes. Successful completion results in obtaining a certificate of competency as a Probity Services Provider. We also ran an Expert Determination workshop in December 2015, where experienced Grade 1 Arbitrators, Robert Hunt and Barry Tozer facilitated an interactive program covering the law, process and practice of Expert Determination with practical exercises to embed learning. Participants who successfully completed the ‘take home’ assessment were issued with a Certificate of Competency. The Expert Witness workshop, covering the obligations and practical aspects of preparing an expert report and giving evidence in a Court or before a Tribunal, has been rescheduled for 2016.

Family Dispute Resolution (FDR)

Funded by the Ministry of Justice, Resolution Institute delivered FDR professional development workshops in 2015 to 62 participants in 7 locations around NZ.

Mediation In 2015, Resolution Institute offered 5 day Mediation training and assessment course and the Practitioner’s Certificate in Mediation for those wishing to become accredited mediators. We also offered training and CPD opportunities in Developing an Effective Intake Process, Applying Neurobiology to Negotiation and Mediation and Mediating workplace bullying complaints.

Restorative Justice Resulting from a successful tender in 2015, Resolution Institute in New Zealand, in partnership with PACT Training Consultants, has been contracted to provide Restorative Justice Facilitation in NZ. A new training, induction and accreditation framework for Restorative Justice facilitators is being developed and is due to be implemented in March-April 2016.

Also in 2015, Restorative Practices International formally approached the Resolution Institute Board about collaborating on training and accreditation for restorative practitioners in Australia in 2016.

Adjudication

Having considered the needs for adjudication training, Resolution Institute has deferred further training until at least 2016.



Resolution Institute trainers in 2015 Resolution Institute trainers are experienced dispute resolution practitioners as well as skilled adult educators. Detailed below are those trainers who conducted courses in 2015, maintaining our high standards of quality training provision for professionals working in DR and related areas.

Jim Box - Probity

Conducted probity training courses since 2010

Acting Principal of Room to Run Pty Ltd

Vast experience in consulting services, procurement and mediation with government and corporations

Alysoun Boyle - Mediation

Experienced mediation and dispute resolution trainer and educator, with training experience in academic, organisational and professional settings

Co-developed and co-conducted the first national mediation courses for IAMA

Member of the Australian Dispute Resolution Advisory Council (ADRAC), ACAT in the ACT, and other mediation panels / research committees

Lynora Brooke – Conflict Management Coaching

Specialises in workplace and commercial mediations, conflict management coaching, facilitation leadership coaching and mentoring

Delivers conflict management coaching & training for Resolution Institute in Aus & NZ

Promotes conflict coaching to manage interpersonal and workplace conflict

Conducts numerous conflict coaching sessions in a variety of workplaces

Bradley Chenoweth – Mediation

Mediates wide range of disputes

Facilitates multi-party processes in commercial, organisational, community and cross-cultural settings

Visiting Fellow to the University of Western Australia Law School

Senior Associate with Dialogos, a leading global consultancy in dialogue and system transformation

Rosemary Dupont – Mediation

Accredited mediator since 1998 and mediation trainer since 2000

Operates a commercial practice specialising in workplace and interpersonal relationship disputes

Recently completed a review of ADR for the ACT Magistrates Court and the ACT Civil and Administrative Tribunal

Jon Everest – Mediation and Restorative Justice

Mediator, conflict coach, facilitator, trainer and professional supervisor

Delivers training based on the work of the Harvard Negotiation Project with Conflict Management New Zealand since 2001

Trainer for the Ministry of Justice in restorative justice since 2005



Nina Harding - Mediation

Mediates commercial, workplace and large public disputes

Particular expertise in complaints handling

Currently teaches at UTS, and has also taught at University of Hong Kong and UNSW

Panelist for Hong Kong International Arbitration Centre, Franchising and Workers Compensation

Robert Hunt – Expert Determination

Experienced lawyer and dispute resolver since 1983 across a range of international and domestic disputes

Specialises in construction, engineering, marine, mining, commercial and intellectual property

Moira Jenkins – Mediation in cases of bullying

An experienced psychologist and accredited mediator

Trainer with the Human Rights and Equal Opportunity Commission

Specialises in preventing and managing complaints of bullying, sexual harassment and discrimination

Franca Petrone – Preparing for mediation

Provides facilitation, mediation, conflict management coaching, restorative engagement, training and mentoring services to a range of public and private sector organisations

Taught at various universities over the last 25 years

Currently runs a dispute management masters course for the ANU College of Law.

Mediates in areas such as commercial, workplace, personal injury and family matters and works as a part-time Conference Registrar for the Administrative Appeals Tribunal

Carol Powell - Mediation

Mediator, facilitator and trainer, specialising in conflict management and dispute system design

Member of a number of mediation panels in New Zealand

A member of International Mediation Institute (International Standards Committee)

Anna Quinn - Mediation

Mediator and trainer in Dispute Resolution in New Zealand

Extensive experience in community to commercial mediation

Trained and designed workshops on Dispute Resolution topics including communication, negotiation, facilitation, mediation and Restorative Justice

Lecturer in Dispute Resolution at Auckland University Law School

Professor Tania Sourdin - Mediation

Foundation Chair and Director of the Australian Centre for Justice Innovation (ACJI), previously ACCJSI, at Monash University in Australia

Leading international academic/researcher in mediation and ADR

Author, National Mediator Accreditation System; accredited mediator since 1990

Former member of NADRAC, and continuing member of numerous tribunals, panels and boards



Barry Tozer – Expert Determination

Practises as GC21 valuer, adjudicator, arbitrator and expert determiner since early 90s

Currently serves on six disputes boards in Australia and Oceania

Specialises in building, construction, engineering and mining disputes

Author of several academic papers and lecturer with the University of Sydney, UNSW and UTS

International arbitration and dispute Board membership expertise

Julie Walker – Conflict management Coaching

Conflict Coaching trainer for Resolution Institute since 2006

Consultant across public, private, educational and community organisations; assisting senior managers and staff to manage workplace conflict for 30 years

Extensive experience in training and development, conflict management processes, mediation, counselling, coaching and supervision in a wide variety of organisations and settings



Resolution Institute coaches Resolution Institute mediation coaches assist participants to transform their theoretical understandings into implementable skills. In developing trainee mediators’ practise, our coaches share our commitment to extending the quality of mediation services delivered within the community.

Colin Fullerton, David Jenkin, Franca Petrone, Jim MacDonald, Keith Evans, Rick Subotkiewicz, Sylvia Huie, Thilan Legierse

Anet Kate, Deb Clapshaw, Blair O’Brien, Niall Parkes, Trish Blyth, Evana Belich, Wendy Kazianis, Timothy McMichael, Barbara Mackenzie, Bruce Cropper, Holly McGruther, Shireen Drew, Gerard Sullivan, Judith Scott, Jessica Carter, Nina Khouri, Sam McLean, Kimberley Eccles, William Hursthouse, Rosemarie Brown, Melanie O’Neill

Kira Schlusser, Lisa Frisken, Mieke Brandon, Neil Roberts, Patrick Wedge, Steve Eggins

Linley Cornish, Mike Rowntree, Nigel Biginell Tom Stodulka, Uwe Boettcher, Jennifer Devlin, Stephen Herrick, Bronwen Mackenzie

Anne O’Brien, Fiona Buchan-Ng, Phillippa Elliott, John Hardie, Tracy Scott, Lyn Lockhart, Stuart Rose, Jan Avery

Cilla Dickinson, Walter Grills, Anja Klinkert

Debbie Dunn, Gail Cork, Louise Cooper, Michael Stewart, Tony Newport, Olivia Rundle, Deborah Forsyth

Alikki Vernon, Amie Cousins, Andrew Moffatt, Caine Chennatt, Carole Grace, Carolyn Manning, Catherine Powell, Catherine Smith, Dennis Liner, Ellen Herlihy Helen Collins, Judy Courtin, Nhi Tran, Nicole Cullen, Peter Condliffe, Peter Singer, Rebecca French, Robyn Roberson, Susan Cibau, Susie Whillas, Ron Tiffen, Leah Walls, Janette Kinahan, Lisa Frisken

Bruce Menzies, Caine Chennatt, Chris Phillips, Douja Elhajj, John Christo, Lisanne Iriks, Paul Wellington, Rae Kean, Sarah Blake

Alan McDonald, Alan Ogg, Alison Manning, Ashely Limbury, Bianca Keys, Caine Chennatt, Catherine Davidson, Jennifer Scott, John McGruther, Judith Blayden, Judy Courtin, Kathleen Dan, Linda Fisher, Louise Cooper, Lynora Brooke, Michelle de Vries, Nhi Tran, Peter Irving, Rebecca Burnett-Smith, Sue Waterhouse, Susie Whillas, Val Sinclair, Victor Konijn

Gabe O’Brien, Ava Gibson, Bruce Cottrill, Simon Roughton, Peter Franks, Jane Schaverien, Paul Hutcheson, Moira Ransom, Judy Dell, Annabel Shaw, Sue Adams, David Hurley, Ani Waaka, Leslie Ashworth –Lawson, Jennifer Parker

Adelaide Adelaide Adelaide Adelaide Auckland Auckland Auckland Auckland

Brisbane Brisbane Brisbane Brisbane

Canberra Canberra Canberra Canberra Christchurch Christchurch Christchurch Christchurch

Dunedin Dunedin Dunedin Dunedin

Hobart Hobart Hobart Hobart

Melbourne Melbourne Melbourne Melbourne

Perth Perth Perth Perth

Sydney Sydney Sydney Sydney

Wellington Wellington Wellington Wellington


Standards of DR practice

Developments in 2015 Resolution Institute is committed to raising standards of DR practice in dispute resolution. Resolution Institute achieves this through promoting and applying accreditation and grading systems rigorously, by encouraging ongoing professional learning and by recognising contribution to and achievement in DR.

Assessment of mediator competency A pre-requisite for accreditation as a mediator is assessment of competency. Using a scenario, applicants take the role of mediator with two role-players as participants. In 2014-15, across Australasia, there were 299 mediator assessments conducted with 70% assessed as competent.

Mediation accreditation

National Mediator Accreditation System (NMAS)

Resolution Institute ensures that its mediation training courses meet NMAS requirements and encourages newly qualified and experienced practitioners to apply for NMAS accreditation, the threshold accreditation in Australia required by users of DR, particularly those in government agencies. Australia is one of the few countries in the world which has a national accreditation system, aimed at providing an assurance of methodology and practice quality to users. In 2015, Resolution Institute contributed, through the MSB, to the NMAS revision.

Resolution Institute accreditation

Resolution Institute continues to offer its own accreditation system, which is very similar in its requirements to NMAS. This

accreditation, offered by both LEADR and IAMA, pre-dates NMAS, so many members continue to hold this accreditation. In New Zealand, it is still the major accreditation system. Resolution Institute has 1351 members who hold either LEADR or IAMA mediation accreditation.

Resolution Institute advanced accreditation

For practitioners with significant hours of practice and CPD, advanced accreditation offers acknowledgement of their highly developed skills. Resolution Institute currently has 66 advanced accredited members.

Alan Mcdonald, Alysoun Boyle, Anet Kate, Anna Quin, Anne O’Brien, Ashley Limbury, Ava Gibson, Bianca Keys, Carol Powell, Deborah Clapshaw, Gabrielle O’Brien, Gail Cork, Jeanette Kinahan, Jim Macdonald, Jon Everest, Judy Dell, Justine Davis, Kathleen Dan, Kathy Tetu, Leah Walls, Linley Cornish, Lisa Frisken, Liz Halsmith, Melanie O’Neil, Mieke Brandon, Moira Ransom, Nhi Tran, Nicoletta Ciffolilli, Peter Irving, Peter Singer, Phillippa Elliot, Sharon Stewart, Simon Roughton, Sue Waterhouse, Susie Whillas, Thilan Legierse, Timothy McMichael, Trish Blyth

Assessors of mediation competency Auckland Auckland Auckland

In 2015, Resolution Institute provided

598 role play opportunities for members for CPD


Standards of DR practice continued…

International accreditation through the International Mediation Institute (IMI)

Resolution Institute is pleased to offer international accreditation through IMI. Resolution Institute is the only IMI Qualifying Assessment Program in Australasia. As IMI certification becomes increasingly recognised by global corporations, those corporations will increasingly seek IMI certificated mediators to provide dispute resolution services in all countries in which that corporation operates. IMI accreditation provides members who practice internationally a transportable accreditation.

Professional supervision Online group professional supervision expanded in 2015 with 7 groups providing accessible professional supervision to members from Australia and New Zealand. A wider range of professional supervision groups will be offered in 2016.

Family Dispute Resolution (FDR) accreditation As an Approved Dispute Resolution Organisation (ADRO) under the FDR Regulations 2013 in New Zealand, Resolution Institute accredits mediators to provide FDR services. Resolution institute conducted 24 FDR assessments in 2015 with 91% of applicants being assessed as competent.

Conflict Management Coaching Following completion of a workshop in conflict management coaching, graduates can apply for accreditation. Accredited conflict management coaches are required to participate in ongoing continuing professional development (CPD). The accreditation, as evidence of competency having been achieved and the requirement for ongoing professional development, provides consumers with an assurance of quality.

Arbitration grading In February 2015, as part of the integration agreement, Resolution Institute formally adopted the IAMA policy for Registration of Arbitrators. Applicants seeking initial arbitration grading (Grade 3) are required to complete appropriate training, assessment and interview by a panel of suitably graded and experienced arbitrators. Applicants for Grade 2 and Grade 1 need to demonstrate experience, continuing professional development (including attendance at a Master Class), and be interviewed by a panel of suitably graded and experienced arbitrators. Resolution Institute held two Master Classes this year, with 25 attendees in WA and 25 in NSW (pictured right). Resolution Institute currently has 256 graded arbitrators. 61 Grade 1, 43 Grade 2 and 152 Grade 3. During 2015 there have been 5 applicants for arbitration grading: 2 for Grade 1, 1 for Grade 2 and 2 for Grade 3.

Adjudication accreditation Accreditation as an adjudicator is available to members who meet the statutory prerequisites within the jurisdiction in which they wish to adjudicate; who have completed the relevant Resolution Institute training course; who have experience in the construction industry, construction law and/or

Jane Schaverien, Ava Gibson

Mediator supervisors Auckland Auckland Auckland



adjudicating, and; who have been interviewed by a panel of suitably qualified adjudicators. In 2015, Resolution Institute accredited 4 adjudicators in WA and one in Northern Territory.

Fellow – IAMA Fellowship of IAMA is granted to members over 38 years of age who demonstrate wide knowledge and experience of law and practice of arbitration or mediation, recognised by a panel from the Institute.

Professional learning Professional learning is one of the pillars of the Resolution Institute approach to promoting standards. Resolution Institute encourages members to participate in professional learning to continue to develop their understandings about DR, to enhance their practice and to maintain accreditation or grading. In 2015, Resolution Institute provided professional learning opportunities through:

‘kon gres - a biennial conference run in several locations throughout Australia and New Zealand (7 locations in 2015). See Member services for more information

Training courses - in neuroawareness, mediating in workplace bullying, mediation preparation and intake, refresher courses in mediation and conflict coaching

Online group professional supervision for mediators

Master Classes - in arbitration and mediation

Chapter forums, incorporating a variety of formats such as fish bowls, role plays, presentations and panel discussions. See each of Member services Chapter reports for more information.

Current accreditations and gradings

1175 NMAS Accredited Mediators

419 IAMA Accredited Mediators

932 LEADR accredited Mediators

394 ACT accredited Mediators

66 LEADR Advanced Accredited Mediators

77 IAMA Fellows

256 Graded Arbitrators:

Grade 1: 61 Arbitrators



143 Adjudicators

25 Probity Advisors

Grading of Arbitrators

Since integration on 1 January, Resolution Institute has added:

2 Grade 1 Arbitrators

1 Grade 2 Arbitrator

2 Grade 3 Arbitrators

Assessment of Mediator Competency

In 2014-15 in Australia and NZ, Resolution Institute has:

Conducted 299 assessments (an increase of 8% from 2013-14)

Assessed as competent 70% (210 out of 299)

Conducted 24 FDR in New Zealand assessments

Assessed as competent 91 % (22 out of 24)

Adjudication accreditation

In addition to integrating each jurisdiction’s adjudication panels to reflect all accredited adjudicators who wish to practice in that state, Resolution Institute has added:

4 WA Adjudicators

1 NT Adjudicator

90 %



Recognising contribution to and achievement in DR

Resolution Institute considers that recognising contributions to and achievement in DR made by individuals fosters a culture of excellence, leading in turn to the development of high standards in the delivery of DR services.

New Zealand Law Awards, Mediator of the Year Award

This award, sponsored by Resolution Institute, is prestigious and well recognised within the legal fraternity within NZ. We congratulate and acknowledge David Hurley, a Resolution Institute member and mediation coach. David is a Ministry of Business, Innovation and Employment Resolution Services Mediator.

Resolution Institute honours and awards

Fellow The Fellow is presented to a person of stature within the

dispute resolution field, who has made a significant contribution to dispute resolution over many years. The Fellow is an ambassador for Resolution Institute, with scheduled presentations to members held in major cities within Australasia. The current Fellow, Professor Laurence Boulle, presenting on the topic, ‘Minding the gaps in dispute resolution’, has encouraged continued commitment by practitioners to promoting standards and expanding the use of DR, as he has reviewed the patterns of dispute resolution in Australia over the past 20 years.

Michael Klug Award When founding LEADR member Michael Klug was honoured as a ‘luminary’, he instituted an award to promote standards in dispute resolution. His instructions were that the Board make the award to ‘a person or persons who has contributed towards the peaceful resolution of conflict in the best interests of the community’. Honouring people who have made particular contributions establishes role models to inspire others to consider how they too can contribute constructively to resolving conflicts.

Prof Chris Marshall is the recipient of the 2015 Michael Klug Award. In making the Award, the Resolution Institute Board recognised Chris’s passion for conflict resolution and peacemaking, as well as his significant contribution to the development and promotion of restorative justice. As an established author on the subject, Chris' research focuses on theory, practice and application, with pioneering theological work around the biblical and spiritual roots of the restorative justice vision. As inaugural Chair in Restorative Justice at the Victoria University School of

Government, Chris has had wide reaching impact, spreading the message that the need to restore trust is at the core of restorative justice.

Chris Lilleyman is also the recipient of the 2015 Michael Klug Award. In making the Award, the Resolution Institute Board recognised Chris’s perseverance and passion for providing students with the experience of peaceful dispute resolution in the context of legal processes. After many years coordinating tertiary Mock Trial programs, Chris entered Perth College as Assistant Head of Humanities and Social Sciences and became a founding participant in the WA Schools Conflict and Resolution program. The Board particularly supports Chris’s passion for mediation,



and in his role as coach, believes he has helped to demystify the mediation process and broaden its popular understanding.

Previous recipients of the Award are Associate Professor Dale Bagshaw (2014), Micheline Dewdney (2013), the Hon. Murray Kellam AO (2012), Dr Michael King (2011) and Dr Stella Cornelius AO OBE (2010). 2015 Practitioner Awards Introduced in 2013, the Practitioner Awards program acknowledges practitioner members recognised by their peers as having contributed significantly to the growth and development of DR. Resolution Institute believes that significant contributions by practitioners lead to the development of excellence in the practice of DR.

In 2015, Resolution institute conducted Award ceremonies at the conclusion of ‘kon gres in 7 locations. CEO, Fiona Hollier and GM Australia, Ellie Pietsch joined the Annual Meetings in ACT and Newcastle to conduct local Awards ceremonies.

All who were nominated have indeed made a significant contribution to DR. The breadth of experience and the depth of commitment to DR by the nominees meant that Selection Committees, comprising local representatives and a Board member from outside the nominee’s state or country, had a very challenging task. Nomination is a tribute and a high standard of professionalism was reflected in all nominations received.

Award for significant contribution to DR Achievement by an emerging DR practitioner

Anet Kate (New Zealand)

Mark Kelly (New Zealand)

For commitment to excellence in the practice of DR

Judge Joe Harman (NSW)

Michael Heaton QC (VIC)

Delcy Lagones de Anglim (ACT)

Tony Newport (TAS)

Nhi My Tran (NSW)

Graham Anstee Brooke (WA)



For development and/or promotion of DR in their community

Gillian Eattell (WA) Ian Nosworthy (SA)

Tracey Raymond (NSW)

Margaret Ross (SA)

Lynne Witynski (VIC)

Timothy McMichael

(New Zealand)

Riki Jamieson-Smyth

(New Zealand)

For creative adaptation of DR to meet specific needs

Jennifer Devlin (NT)

Rosemary Dupont (ACT)

Dymphna Lowrey (ACT)

David B. Moore (VIC)

Pauline Roach (NSW)

John Green (New Zealand)

Ray O’Reilly (ACT)

For contribution to the professional development of others in DR

Associate Prof Dale Bagshaw

(SA)

Callum Campbell (QLD)

Prof Phillip Evans (WA)

Linda Fisher (NSW)

Ellen Herlihy (VIC)

Rae Valerie Kean (WA)

Val Sinclair (NSW)

Stephen Lancken (NSW)

A


Member services

Advocacy and promotion At the end of 2014, IAMA members were invited to renew their membership with the integrated organisation. LEADR members were invited to do so in June 2015. Limited by scope and numbers as individual organisations, the combined membership strength of Resolution Institute means we now offer the broadest range and depth of DR services in Australasia. As a large, integrated body of DR professionals our voice has also increased in strength, allowing for greater advocacy and promotion of DR.

Note: 2015 figures include membership of the integrated IAMA and LEADR databases.

2645 2814

4427

1500

2000

2500

3000

3500

4000

4500

2013 2014 2015

4%

59%

32%

4% 1%

Advanced practitioner

Practitioner

Associate

Student

Honorary 1360

834

576 508

420

267 179 179

66 38

0

200

400

600

800

1000

1200

1400

NSW VIC NZ QLD WA SA ACT INTL TAS NT

Membership by category 2015

Total members at 30 June 2015

Membership by location 2015

614


Member services continued…

Resolution Institute website and database Prior to integration, both LEADR and IAMA had databases underpinning their websites and communications. In 2015, we maintained the two websites and worked toward consolidating the 232 separate web pages and databases into one.

Stage one of database integration is complete, with streamlined communications and inclusive access to online processes including event registration, CPD record management, transaction receipts and contact detail editing. In 2016, the progression and completion of database integration will be a primary focus.

At the time of integration, both websites were also due for refurbishment to meet the expanded needs of each organisation. Re-thinking how categories, information and navigation can be streamlined within each site, we plan to build a new website in 2016, driven by a single consolidated database.

346,349

425,218

64,107 82,862

0

50,000

100,000

150,000

200,000

250,000

300,000

350,000

400,000

450,000

2013-14 2014-15

Page views and visitors 2014 and 2015

Pageviews Visitors

0

20,000

40,000

60,000

80,000

100,000

120,000

Jul-Sep 2014 Oct-Dec 2014 Jan-Mar 2015 Apr-Jun 2015

Page views and visitors July 2014 to June 2015

Pageviews

Visitors

Traffic source overview

Search engine Direct traffic Referring sites



‘kon gres 2015

‘kon gres 2015 travelled to 7 locations across Australia and New Zealand. Travelling to this many locations meant greater ease of access as well as

low cost travel and accommodation for our members to attend. Retaining the features for which ‘kon gres is renowned - active engagement, collegial atmosphere and stimulating format – 2015 had a particularly strong focus on excellence in DR.

More than 530 attendees selected from a diverse range of concurrent professional learning sessions including plenary forums, panel discussions, interactive workshops and table dialogues, all spanning the DR spectrum.

Of particular significance were the ‘kon gres openings in each location, featuring The Hon Gabrielle Upton, MP, Attorney General (pictured above right) in Sydney, Her Excellency the Honourable Linda Dessau, AM in Melbourne (pictured below left), The Hon Vanessa Goodwin, MLC, Attorney General in Hobart, Chief Justice Wayne Martin in Perth, Justice Sulan in Adelaide and Rowena McNally (Immediate Past Chair) in Brisbane. A special highlight for 2015 was the Auckland ‘kon gres opening with a mihi whakatau (Māori welcome) from the kaumātua from Ngāti Whātua Ōrāki’.

‘kon gres 2015 hosted 4 international presenters and 125 domestic presenters showcasing their experience, insights and preparation across different aspects of mediation, family dispute resolution, arbitration, adjudication and restorative justice. Our sincere thanks to all presenters, participants, staff members and Chapter Committee volunteers who contributed to a successful ‘kon gres.



Feedback from participants An overwhelming majority of attendees enjoyed their ‘kon gres experience, describing the mood as ‘lively’, ‘friendly, welcoming, collegial’, ‘positive and engaged’. Of the presentations, attendees indicated that the best sessions were those which broadened, challenged or increased their knowledge of a particular practice area. Attendees also reported that they enjoyed presentations that had a, ‘practical application’ they could use immediately.

‘kon gres 2015 highlights

The self-represented litigant (SRL) phenomenon Dr Julie Macfarlane, Professor in the Faculty of Law at University of Windsor presented on the challenges faced in the justice system due to the explosion of SRL’s. Given that the interna tional SRL phenomenon is a system problem, Julie indicated the need for systemic solutions and pointed to the possibilities for the DR community to play a more active role.

Bill Wood QC

One of the UK's top mediators and a highly engaging speaker, Bill Wood QC reflected on the job that mediators do and how it compares and fits in with the job that arbitrators and judges do. Touching on the development of mediation’s high profile in the context of government cutbacks to the Courts, Bill outlined the opportunities and challenges this poses in the UK and internationally. He was also very keen to hear from attendees about the New Zealand perspective.

The Conflict Paradox: The challenge at the heart of conflict

Dr Bernie Mayer, Professor of Dispute Resolution at the Werner Institute, Creighton University gave a stimulating presentation on moving beyond polarities in conflict, sharing his insights on influencing individuals and groups to embrace contradictory choices.

Future Directions

Using a world café style session, Fiona Hollier, CEO, explored the opportunities that the new name and brand offers to members. Fiona also discussed plans for the future of our organisation and asked participants to workshop what ways the Resolution Institute strongly demonstrates its values.

Takeaways, tweets and podcasts

Before, during and after ‘kon gres, #RIkongres generated DR industry conversation and resource sharing across social media. For specific access to the papers, slide shows and podcasts of presentations, use the members’ area of the Resolution Institute website under ‘resources’.



IAMA’s 40th anniversary celebration At the conclusion of each ‘kon gres, members of Resolution Institute joined to celebrate IAMA’s 40th year. The Victorian Chapter also held a special celebratory dinner where members and guests heard from Brian Gallagher and the Hon Neil Brown QC over a three course meal.

Resources

Pulse e-newsletter

Resolution Institute was pleased to honour IAMA’s legacy by adopting the title of Pulse for our regular monthly e-newsletter in 2015. This year, Pulse published the following industry/practitioner resources:

85 topical articles and/or papers across the spectrum of DR (including 19 video/podcast resources)

Regular notification of changes in legislation related to DR industry practitioners

Monthly updates on Australian, New Zealand and international DR news

Monthly employment, volunteering, scholarship and research opportunities

Discounted CPD courses, conferences and events

This year, Pulse published the following Resolution Institute specific resources:

12 original articles, reviews or reports

22 Chapter presentations and/or papers

8 Chapter event podcasts

Member survey / feedback results

Upcoming Chapter and training events

‘kon gres 2015 presenter resources, including original podcasts

The arbitrator & mediator journal

Publishing articles and case notes collected from Australia's most eminent and experienced ADR professionals, Resolution Institute continued to provide this highly regarded biannual ADR journal in 2015, previously produced by IAMA’s Journal Committee for over 35 years.

Continuing professional development (CPD) and networking

Chapter and networking events In 2015, Resolution Institute held 73 Chapter and networking events across Australia and New Zealand. The resources, presentations, papers and/or podcasts gathered from these events were added to our catalogue of member resources on our website.

Resources by topic



Member Group Handbook

The Board released a Member Group Handbook in 2015. Acting as a guide for the integrating Chapter Committees and Special Interest Groups (SIGs), this key document outlines the roles, purpose and responsibilities of Resolution Institute groups.

CPD hours - record as you go

Supporting our members to track their progress in meeting CPD requirements for Resolution Institute and national re-accreditation, we continued to offer an electronic record keeper in 2015. With CPD hours automatically tracked by each attendance, almost 10,000 CPD hours were tracked on behalf of our members in 2015.

Online group professional supervision

Resolution Institute encourages mediation practitioners to engage in professional supervision. We were pleased to offer a value-for-money online

professional supervision program for New Zealand members in 2015 and are expanding into Australia in 2016.

Engaging with our members

Representing members’ views Resolution Institute responds to discussion papers circulated by government, the Mediator Standards Board and other industry bodies across Australasia. Our responses are informed directly by members. Where possible and appropriate, we circulate surveys, or conduct focus group discussions to gauge member’s responses to proposals, initiatives and organisational matters. Where views are diverse, we represent that diversity. Resolution Institute also conducted a number of surveys in 2015, including:

‘kon gres feedback surveys for each location

a membership survey, the results of which informed the Board’s development of the organisation’s new name, visual identity and communications schema

CPD Chapter survey on expectations and requirements (VIC)

A survey on diversity and mediation to provide information to contribute to the NZ Superdiversity Centre for Law, Business and Policy’s research into diversity and commercial mediation.

A survey on FDR practice experiences and training needs to inform discussions with the Ministry of Justice and development of training

Continuous improvement of our services to members

Connecting members with local Chapters provides a direct conduit for communicating information and ideas to Resolution Institute. Facilitated by the provision of feedback forms at every event, we encourage members to regularly update us on their CPD needs, expectations and on Resolution Institute’s performance. In order to



effectively address and act upon member’s feedback, we continued in 2015, to collate and analyse the ideas, thoughts and comments we received and used these to inform our planning and program implementation.

PI and PL insurance As a service to members, Resolution institute has continued to offer competitive rates for professional indemnity and public liability insurance with Aon Risk Solutions. This policy provides cover for sole practitioners who operate under a company name or individually.

Adjudication

Building and Construction Industry Security of Payment (BCISP) disputes

Dedicated to the efficient resolution of disputes in the building and construction industry, Resolution Institute nominates practitioners to adjudicate disputes in accordance with the relevant state legislation. In WA, NT, SA, NSW, ACT, TAS and VIC, Resolution Institute is an Authorised Nominating Authority (ANA). In QLD, Resolution Institute is a training provider, accredited by Queensland Building Construction Commission. Following the change of legislation in QLD in September 2014, other state governments began conducting reviews of the BCISP. Resolution Institute has been actively engaged with these government departments, providing submissions in response to the formal review of the BCISP Act in SA and the proposed amendments to the BCISP in TAS. This year, Resolution Institute has integrated the panels of adjudicators in each of the former LEADR and IAMA jurisdictions. To maintain our effective operation as an ANA while facilitating an equitable, transparent distribution of nominations, we proposed a service agreement which is in review by our adjudicators. 150 adjudication applications have been received in 2015 across all jurisdictions. In particular, Resolution Institute has seen an influx of applications from WA, with signs of expansion in NSW and Victoria. Please see Appendices for our BCISP Panels in each state and nomination statistics.

Nominations in arbitration, mediation and expert determination

As a preferred provider of DR services, LEADR, IAMA, LEADR & IAMA or Resolution Institute are often specified as the nominating body in contracts. When such instances have arisen in 2015, Resolution Institute have nominated from our membership for the provision of arbitrator, mediator and expert determiner services.

Nomination principles

Resolution Institute conducts a nominations process which:

appoints a practitioner matched highly to the matter, with appropriate qualifications, technical knowledge and experience

is equitable to members in that the process distributed work amongst members on the basis of the extent to which a member met the criteria enunciated above

demonstrates confidence in the grading and accreditation systems that Resolution Institute promotes

is underpinned by independence, freedom from bias and integrity of choice.



This nominations process was designed to ensure that the most suitable and available dispute resolver was/is nominated to each dispute. In 2015, every attempt was made to share the work around and engage as many members as possible.

Between 01 January – 30 June 2015, 36 nominations have been made. The Appendices list all Resolution Institute practitioner members who were referred these matters.

.au Domain Name Disputes

As a provider authorised under the .au Dispute Resolution Policy (.auDRP), Resolution Institute supplies administrative services for participants with competing interests in .au domain names. This form of dispute resolution allows participants to dispute ‘bad faith’ registrations of domain names that are similar to their trademarks.

In the period of 01 January 2015 – 30 June 2015, Resolution Institute administered 4 .au domain name disputes. See Appendices for the .auDA panel and nomination statistics.

Other areas of nomination

Throughout 2015, Resolution Institute continued the practices of LEADR by providing administrative support and nominations for disputes in accordance with:

Student Mediation Scheme Providing education and training institutions with an external appeals process.

Motor Vehicle and Repair Industry Code of Conduct Providing external dispute resolution for smash repairers and insurance companies who cannot settle disputes internally.

Memorandum of Understanding with The Community Broadcasting Association of Australia (CBAA) Providing pro-bono mediation services to CBAA members when disputes arise between

community radio stations and their management.

Committed to improving Resolution Institute’s performance in the nominations area, the nominations services team have continued the implementation of a quality system for service delivery in 2015.

In New Zealand, Resolution Institute continues to make Chair appointments in line with contractual DR

clauses. Resolution Institute in New Zealand also nominated practitioners to the Transmission Gully

Public Private Partnership Accelerated Dispute Panel



New Zealand Committee report A ‘refreshed’ 2015

The New Zealand Committee was established as part of the integration agreement between LEADR and LEADR NZ, and former LEADR NZ Board members became the first NZ Committee. Over the last year two years, the NZ Committee has provided strong links to the Board, as well as valuable expertise, advice and support to the General Manager of Resolution Institute, NZ. I’d like to formally recognise the considerable contribution of Jan Avery and Deborah Clapshaw who retired from the NZ Committee this year, and

extend my thanks to them.

With NZ’s place in Resolution Institute firmly established, the Board agreed that it was time to refresh the NZ Committee and provide an opportunity for other members to be involved. A call for Expressions of Interest (EOI) to join the NZ Committee received a sizable number of responses and we were thrilled to welcome several additional NZ Committee members in 2015. These new members have brought new experiences, knowledge and resources, and added much diversity of perspective and practice. We are particularly pleased to have acquired better representation of South Island members on the NZ Committee. With such a high level of interest in being involved, the NZ Committee is also considering how a wider group of members can be engaged through a reference group. The start of 2015 saw the NZ office move to a new and refreshed office space, including additional facilities and meeting rooms for members and practitioners to utilise (pictured above). Joining Catherine Cooper, Michelle Vui and Gerry Westhuis in the Wellington office are also some new team members recruited in 2015; Corinne Edge and Kathy Broad. Acknowledged for her significant contribution in a gathering of members and staff, we sadly farewelled long time staff member, Margaret Murphy. We wish her all the very best in the future.

‘kon gres 2015 in Auckland was an outstanding event, bringing members together for an offering of local, national and international knowledge and resources. The program comprised a diverse array of professional learning opportunities around important issues for our profession.

2015 NZ Committee

Mark Beech Chair

Dene Bannister

Jon Everest

Tim Holton

Anja Klinkert

Rachel Lohrey

Melanie O’Neil

Carol Powell

Anna Quinn

Sarah Ramsay

Judith Scott

Annabel Shaw

Sharon Stewart

Networking event topics

Dec Innovation in ADR Business Practice Nina Harding

Feb Understanding the impact of overindulgence on children Madeleine Taylor

Mar Pre-mediation meetings: Maximising effectiveness Jon Everest and Ava Gibson

May Talking with Maria Dew - 2014 Mediator of the Year Auckland Networking Group

Commercial mediation in NZ: The present and the future Dr Grant Morris

June Dealing with difficult representatives Auckland Networking Group

July Private sessions / caucusing Auckland Networking Group

Independence and neutrality in industry Dispute Resolution schemes Judi Jones and Karen Stevens

Aug A revolution of commercial mediation in New Zealand? Hayden Wilson

Sep ’kon gres 2015

Working with high conflict behaviours Carol Powell

Oct How do restorative justice (RJ) practices fit with mediation practice? Hayley Farrar

Exploring perceptions Auckland Networking Group

Nov Drafting simple agreements at mediation David Patten



A new and significant piece of work in 2015 has been obtaining a Ministry of Justice contract for training and accreditation of restorative justice providers. Representing a partnership between Resolution Institute and PACT Training Consultants, this contract combines the expertise of our two organisations in the areas of training and accreditation. Advocating for Dispute Resolution and for the needs of NZ members is an ongoing focus for both the NZ Committee and the General Manager of Resolution Institute, NZ. In particular, we continue to discuss the challenges and opportunities of Family Dispute

Resolution (FDR) with the Ministry of Justice and actively participate in the Government Centre for Dispute Resolution Sector Advisory Group. Likewise, the NZ Committee also continues to focus on providing members with opportunities for networking and professional development, expanding our strategy to include services and opportunities for determinative practitioners. In Wellington, networking meetings have been regular and well attended, with speakers presenting on a wide range of topics and offering diverse and innovative resources. A practice group has also been meeting regularly to debrief and network, and to share differences in approach and method. In Auckland, a new networking Committee has been established, busily organising 2016 events for Auckland members to be able to access more readily. I’d like to take this opportunity to extend my thanks to Catherine Cooper and the Wellington team, Michelle Vui, Gerry Westhuis, Corrine Edge and Kathy Broad. I look forward to the insight and contribution the new members of the NZ Committee will bring, especially as Resolution Institute transforms into a diverse dispute resolution organisation incorporating facilitative and determinative ADR as well as restorative justice. Mark Beech Chair, New Zealand Committee

2015 Networking Coordinators

Sarah Ramsay Wellington

Kylie Head, Mark Kelly, Kimberley Eccles

Auckland

Melanie O’Neil Hamilton



Australian Capital Territory Chapter report Building on the Chapter structure already established by IAMA, an interim integrated Chapter Committee came together to address the growing interest from members to access Canberra based Professional Development (PD) and networking opportunities. In June 2015, we hosted our first official Resolution institute Chapter meeting, Chaired by Rosemary Dupont (Interim Convenor), who indicated how positive it was to experience the willingness of ACT Chapter members to engage.

CPD events, ‘kon gres and Practitioner Awards Three CPD events were held in the last quarter of 2014, one of which was hosted Resolution Institute trainer, Lynora Brooke. Members who attended her interactive workshop found it highly resourceful and took away valuable practice tools. In mid September, some of our Chapter members also attended ‘kon gres in Sydney, finding it informative and stimulating to hear from a range of DR areas.

The most recent Chapter event was an Annual Meeting, where Resolution Institute CEO, Fiona Hollier conducted an official ceremony for the ACT recipients of the Resolution Institute Practitioner Awards. Congratulations to Delcy Lagones de Anglim for her commitment to excellent in the practice of DR in 2014, to Rosemary Dupont for her contribution to the professional development of others in DR in 2015, and to Dymphna Lowrey and Ray O’Reilly for their valuable and creative adaptations of DR to meet specific needs in 2015.

As part of this Annual Meeting, Fiona also facilitated an interactive discussion on the future directions of the Resolution Institute, honouring the past efforts of both LEADR and IAMA and recognising the contribution members have made towards our successful integration. We also had the opportunity to reflect on the strength and talents of the ACT Chapter members and discussed our potential to expand and grow in 2016.

Finally, it was tremendous to have the Interim Committee formalised by our members. Confirming the official ACT Chapter Committee for 2016 was a validation of what we have established thus far. To grow our Chapter, especially in regards to CPD, we also called for additional Committee members and we are thrilled that Annie Kentwell, Doris Bozin, Kathryn Price, Elizabeth Henderson and Kathryn Body have agreed to join.

Our plans for 2016 are to gain a greater understanding of what members seek in terms of CPD. We are looking into more innovative approaches and formats to forge a new path in this area of service. We are also anticipating greater collaboration opportunities with the new Committee members around ideas and possibilities and intend to send out a survey in early 2016 to ask for members’ feedback around their needs and requirements.

With thanks Our sincere appreciation goes to Rosemary Dupont (pictured left) for her support, encouragement and guidance to the Chapter Committee. Rosemary will be taking on more of a more consultative role in the future of our Chapter and we look forward to her valued assistance in planning CPD and events. We also thank Helen Portillo-Castro for her

support and involvement as Interim Committee Co Convenor. Helen is taking time out to expand her personal practice.

The ACT Chapter Committee is currently planning an end of year Christmas event to celebrate our collective achievements. We look forward to strengthening the Chapter in 2016 and anticipate our first event to be in February.

Jack Quaid Co Convenor, ACT Chapter Committee

2015 Chapter Committee Jack Quaid Co Convenor

Helen Portillo-Castro Co Convenor

James Judge Co Convenor

Bryan Ahern Secretary



Newcastle (News South Wales) Chapter report 2015 at a glance

The Newcastle Chapter commenced 2015 with a highly successful dinner event. Presenter, Linda Fisher spoke on mediation supervision, a topic of great interest to our members, especially those in private practice. This event was well attended by our members, as were all of our bi-monthly evening Chapter events. It was also noted that guest mediators were often in attendance, attracted by the subject matter and presenter profiles. We worked hard on making our CPD events as interactive as possible and provided a collegial space for networking over food and beverages. The feedback we received indicates that our events were very appreciated, especially for their local accessibility.

In mid September, some of our Chapter members also attended ‘kon gres in Sydney. Those members thoroughly enjoyed the reciprocal learning from a diverse range of speakers and topics. We are currently planning to repeat (and further enhance) the successful one day ‘Forum’ held in 2014 next year and have decided that we will hold this event bi-annually from now on. More news of this will be available in early 2016.

Our Annual Meeting is always a major event for us and this year was no exception. We reported on key points from 2015, discussed ideas for 2016, networked with members and of course, celebrated another successful year. Ellie Pietsch, Australian GM also joined our Annual Meeting to conduct an official ceremony for the 2015 Practitioner Awards. We continue to lobby for the use of DR in our community. Although sometimes it is challenging, we feel we are slowly but surely informing the public of their choices in resolving disputes. I sincerely thank Kathy Tetu (pictured right) for her wonderful efforts in organising us throughout the year and for ensuring we meet our goals. She is dedicated and tireless and is a key catalyst for 2015’s success. After a number of enjoyable years as Chair of the Chapter I am stepping aside in 2016 to enable another person to steer the Newcastle Chapter, perhaps in some different directions. It would be satisfying to see more engagement with the wider community, especially local businesses, to spread the potential of DR. Lyn McLardy Chair, Newcastle Chapter Committee

2015 Chapter Committee

Lyn McLardy Co-Chair

Felicity Wardhaugh Co-Chair

Kathy Tetu Secretary

Lyn Stoker Treasurer

Anne Kinnear

Ron Dunsire

Anne Ardagh

Stephen Matchett

Georgia Seaton

Jeniffer Drennan

Paul Hardwick

Chapter event topics

Mar Opening statements in mediation Felicity Wardhaugh

May The voice of children in family law disputes Judge Joe Harman

July Is it really confidential? Alan Limbury

Oct The exploration stage of mediation Newcastle Chapter members

Nov Chapter annual meeting, dinner and workshop Linda Fisher



Sydney (News South Wales) Chapter report 2015 at a glance

This has been a year of change for the DR industry and for LEADR and IAMA who integrated into one organisation, Resolution Institute. For 2015, the NSW Committees of both LEADR and IAMA retained their status quo, regularly collaborating with one another to identify and address the needs of members. The initial challenges of negotiating organisational differences progressed into a forward focus on exciting plans for the year ahead CPD events over the past year The NSW Chapter held a number of events in 2015 and we are pleased to report that they were well attended and feedback was positive overall. Feedback from members is greatly appreciated as it assists us to plan events according to members’ needs and requirements.

‘kon gres ‘kon gres in Sydney began with an opening by The Hon Gabrielle Upton, MP, Attorney General, followed by a two day program of local, national and international speakers. At the close of ‘kon gres we were very pleased to recognise the NSW 2015 Practitioner Awardees.

NSW Chapter webpage There is an updated webpage dedicated to the NSW Chapter www.resolution.institute/chapters-groups/nsw-sydney>> This page details upcoming events and opportunities for networking and also hosts event resources and podcasts that can be accessed for those unable to attend.

With thanks Our sincere thanks to the Chapter event speakers for 2015 who generously contributed to the ongoing professional development needs of members. We would also like to thank

Fiona Hollier and Ellie Pietsch who generously supported us during the integration process. Thank you also to the Chapter Committee members for their dedication and involvement during this challenging time of change. In particular, we thank Melissa Ceccato and Nea Goodman for taking the often lengthy minutes of our meetings. We wish the NSW Chapter Committee, members and Resolution Institute staff all the very best for a progressive and rewarding year ahead. Val Sinclair Steven Goldstein Co-Chair, NSW Chapter Committee Co-Chair, NSW Chapter Committee

2015 Chapter Committee Val Sinclair Co-Chair

Steve Goldstein Co-Chair

Yula Bletcher

Phil Marchionni

Chris Pitts

Sven Bakich

Victor Berger

Nea Goodman

Wendy Locke

Philip Martin

Graeme Robinson

Peer Dallard

Bill Taylor

Melissa Ceccato

Charles Brannen

Jan Luikens

Peter Callaghan

Joshua Grew

Ian George

David Campbell Williams

Jane Probert


Feb Court annexed mediation in Federal Courts Registrars I. Irving & C. Ng

Mar NCAT’s Cyber Settlements Sian Leathem

Adjudication judgments forum Charles Brannen, David Campbell-Williams and Barry Tozer

Enforcing the modern suite of DR clauses Andrew Murray

Apr Current issues in the construction industry

May Creative adaptation of Dispute Resolution Shirley Kirschner

June Contract facilitation for the construction industry

July How is a knowledge of neurobiology helpful in mediation David Roberts

Adjudication judgments forum Barry Tozer and Charles Brannen

Aug DR in the Australian Human Rights Commission with Joana d’orey Novo

Sep ‘kon gres 2015

Mediators beyond Borders International Steve Lancken

Oct Minding the Gaps in Dispute Resolution Laurence Boulle

Nov Adjudication discussion evening William (Bill) Taylor and Robert Riddell

http://www.resolution.institute/chapters-groups/nsw-sydney

http://www.resolution.institute/chapters-groups/nsw-sydney



Queensland Chapter report

2015 at a glance 2015 heralded some significant changes for LEADR and IAMA members as the two organisations were re-shaped into the Resolution Institute. Bringing some fantastic opportunities for our members, the integration has led to the amalgamation of the LEADR and IAMA QLD Committees, creating expanded networks and access to greater ADR experience.

CPD events over the past year The Queensland Chapter Committee this year has worked hard to deliver events with topics relevant, informative and progressive for our members. Thank you to all

of our speakers for generously sharing their time and experience.

‘kon gres ‘kon gres in Brisbane began with an opening by The Hon Justice John Muir QC, followed by a full day program of local, national and international speakers. At the close of ‘kon gres we were very pleased to recognise the QLD 2015 Practitioner Awardee, Callum Campbell.

Supporting the next generation in ADR Once again in 2015, the QLD Chapter sponsored the Administrative Appeals Tribunal NOOT (Negotiating Outcomes On Time) competition. 10 teams of talented law students competed and Karyn Reardon (Co-Chair) presented our 5 day mediation training workshop as one of the prizes.

Christmas and beyond Our Christmas party and Annual Meeting is scheduled for 17 December 2015. It is hoped that those members elected to the Committee will continue to deliver and develop high calibre events to our members on topics of interest in 2016. The Christmas party will be held at HWL Ebsworth, who generously provided their boardroom to us throughout the year. We also wish to thank Minter Ellison for the provision of their boardroom for our events and seminars.

With thanks Our sincere acknowledgment and thanks goes to those Committee members who have contributed to advancing the QLD Chapter. Thank you for your valued support. To the members elected to the 2015 / 2016 Committee – we wish you every success. Karyn Reardon Natalia Wuth Co-Chair, QLD Chapter Committee Co-Chair, QLD Chapter Committee


Karyn Readon Co-Chair

Natalia Wuth Co-Chair

I-Ching Tseng

Phil Marchionni

Amanda Shah

Jim Box

Maria Graham

Ann Taylor

Neil Roberts

Lyndon white

Patrick Wedge

Michael Johnson

Khory McCormick

Cheryl Bryan

Katy Russell

Tom Stodulka

Mieke Brandon


Apr Choosing the best-fit DR for the circumstances Ian Harrington, Khory McCormick, Tom Stodulka and Rowena McNally

May Is your negotiator a ‘dud’? Pat Cavanagh

July Elder Mediation Amanda Molomby

Aug What makes a good mediator? Linda Kochanski


Nov Recent developments in arbitration in China Helena Chen



South Australia Chapter report

2015 at a glance 2015 has been a time of great change following the decision of LEADR and IAMA to integrate. During this period, a working group comprised of both LEADR and IAMA SA Chapter Committee members came together to develop a new and integrated Committee. As a result, the Resolution Institute SA Chapter Committee commenced its life in August 2015.

CPD events over the past year The SA Chapter Committee is proud to have presented a number of CPD events in 2015 and recognises the

significant contributions of all our speakers. We also wish to thank Belperio-Clark and Cowell-Clarke for generously hosting our CPD events.

‘kon gres and Practitioner Awards We were thrilled to have ‘kon gres visit Adelaide in 2015,

offering our SA members local, national and international resources and networking opportunities. We were also pleased to recognise the enormous contributions of Ian Nosworthy, Dale Bagshaw and Margaret Ross with 2015

Practitioner Awards.

The year ahead The SA Chapter Committee is more dynamic than ever and to facilitate the diversity of ideas on how to progress, we have adopted IAMA’s previous practice of monthly meetings. Channelling our energies into increasing public awareness and achieving excellence in CPD for our members, we have set a target for at least 15 CPD events and several Master Classes for 2016. We are also trialling a range of innovative delivery styles, including facilitated discussions and skills

development workshops. In addition, a Special Interest Group (SIG) has been established, focusing on business development opportunities in SA. The SA Chapter Committee offer our sincere thanks to the previous LEADR and IAMA Chapter Committees for their dedication, vision and support, and to the current SA Chapter Committee who have worked together with enthusiasm and energy to achieve much in 2015. Of particular note, we thank Amelia Taeuber, who resigned from her role as Chair in September 2015. Amelia has been a tireless advocate for the SA Chapter over a number of years and brought immense wisdom to the current Chapter Committee. David Egarr Deputy Chair, SA Chapter Committee


Amelia Taeuber Chair (resigned Sep 2015)

David Egarr Deputy Chair

Kerrie Davis Secretary

Graham Andrewartha

Ruth Beach

Bevan Bates

Geoffrey Humphries

Wayne Irvine (resigned Sep 2015)

Robin Matters

Alison Shaw


Dec Workplace mediation: What works and when to walk away Michelle de Vries

2014 Christmas cheer & Annual Meeting

Apr Role of the Small Business Commissioner John Chapman

July Minding the gaps in Dispute Resolution Laurence

Boulle

Aug Finding the sweet spot in DR processes Margie Ross & Steve Georgiadis

Nov Ethical issues in mediation Peter Kassapidis



Tasmanian Chapter report

2015 at a glance 2015 has seen positive growth of the Tasmanian Chapter following the integration of LEADR and IAMA. Gaining new members to our interim Committee has been a welcome development, allowing us to access the diversity of everyone’s experience as well as fresh ideas for the future.

CPD events and ‘kon gres

In June this year we were privileged to host LEADR Fellow, Prof Laurence Boulle who spoke on, ‘Minding the gaps in Dispute Resolution – Is everything old ‘new again’ in Australian ADR?’. We were captivated by Prof Boulle’s eloquent revision of six themes presented at a mediation conference 10 years ago, and his consideration of their relevance for contemporary Dispute Resolution in Australia, New Zealand and internationally. His suggested themes for future development of Australasian Dispute Resolution also gave us much food for thought. In September this year, ‘kon gres travelled to Tasmania for the first time. This was a notable achievement for the Committee, which had put much effort into supporting this national event. ‘kon gres was opened by Dr Vanessa Goodwin, Attorney-General,

and was highlighted by Dr Julie McFarlane’s key note session entitled, ‘The self-represented litigant phenomenon’. ‘kon gres also provided opportunities for local practitioners to present on a array of topics, including Gail Cork’s (pictured below), ‘The subtleties of timing’, John Livermore’s, ‘Building dispute case studies in mediation and arbitration’, and Debbie Dunn, Greg Hince, and Louise Cooper’s session on, ‘Differing approaches to workplace disputes’. Tony Newport’s session, ‘When the bully is only half the problem’, was also well

received and we were thrilled when Tony (pictured right) was recognised with a Practitioner Award for his significant contribution to DR. At the conclusion of ‘kon gres we also thoroughly enjoyed the convivial drinks and canapés in celebration of IAMA’s 40th anniversary. Our final Chapter event speaker was Associate Professor, Dale Bagshaw on the topic of elder mediation. Dale’s presentation was compelling and information-packed, outlining the specialist skills needed for this complex area of practice as well as some of the issues, statistics, opportunities and challenges. We look forward to the continued growth of the Tasmanian Chapter, with further events, professional development opportunities and networking in 2016. Louise Cooper TAS Chapter Committee member

2015 Chapter Committee Craig Anderson

Christopher Batt

Adam Beeson

Christine Bell

Sally Bevis

Sue Buckland

Louise Cooper

Gail Cork

Anna Crotty

Mark Dickinson

Debbie Dunn

Michael Dyson

Ian Fletcher

Deborah Forsyth

William Friend

Ray Groom

Susan Gunter

Wayne Johnson

John Livermore

Malcolm McAully

Tam Paul

Stephen Porter

Robynne Rankine

Michael Stewart

Anne-Marie Stranger

Susan Wallace

Jennifer White Chapter event topics

Sep Breaking an impasse and other practical issues in mediation Helen Shurven

Dec Workplace mediation: What works and when to walk away Michelle de Vries

Jun Minding the gaps in Dispute Resolution Laurence Boulle


Oct Opportunities, context & challenges in elder mediation Associate Professor Dale Bagshaw

Nov Annual meeting, dinner and Practitioner Award presentation



Victorian Chapter report As VIC Chapter Co-Chairs, it is our pleasure to present the 2015 Chapter Annual Report to members.

2015 in reflection 2015 has been an exciting year of change. Our Chapter integration journey began in 2014 when the decision to integrate was confirmed by the members of both LEADR and IAMA across Australia. In order to facilitate this integration effectively, the LEADR and the IAMA Chapter Committees began to consult with one another whilst continuing to operate in parallel. A VIC Integration Committee was also established, comprising Jeanette Kinahan, Ellen Herlihy and Vasantha Stesin (from the previous LEADR Committee) and Toby Shnookal, Michael

Heaton and Saul Rozenbes (from the previous IAMA Committee).

Drawing from the rich governance, policy and procedural traditions of both organisations, the Integration Committee met many times to discuss and determine what the new, integrated Chapter would look like in terms of structure, role descriptions and operating protocols. The national office supported us in this process, and the LEADR and IAMA Chapter Committees endorsed the developed proposal. The structure Victoria has today is the result of that process, with the integration phase culminating in the successful launch of the

Chapter Committee and Special Interest Groups (SIGs) in June 2015.

The VIC Chapter Committee now comprises two office holders from the previous LEADR Chapter Committee and two from the previous IAMA Chapter Committee, as well as the Convenors of four new Special Interest Groups (SIGs). The SIGs were convened at a meeting on 11 June 2015 of those who had registered their interest for the positions. The meeting was well attended and each SIG elected their Convenor, Event Treasurer and Secretary before establishing a regular meeting schedule.

In total, there are now 35 active members engaged with the work of the Chapter, with its transitional phase ending in November 2016. At that time all positions in the Victorian Chapter Committee and SIGs will be open, so please keep this in mind and get involved! A full list of all Committee and Sub-Committee members is available on the Chapter’s website page http://www.resolution.institute/chapters-groups/victoria >>

We would like to offer thanks to all the members of the previous Chapter Committees, and to the working group members, for their time, support and collegiate approach to growing our Chapter. Particular recognition goes out to the previous IAMA committee who, in late 2014, managed the closing of their Chapter Office after the loss a full time Administrator, while still operating as a State based organisation.

Fulfilling our objectives

Establishment of four SIGs: Our new structure comprises four new Special Interest Groups (SIGs) covering mediation & facilitative DR,

2015 Chapter Committee Jeanette Kinahan Co-Chair

Toby Shnookal Co-Chair

Ellen Herlihy Treasurer

Michael Heaton Secretary

Anne Gallo Statutory SIG Convenor

David Thyer Adjudication SIG Convenor

John Clampett Mediation SIG Convenor

Donna Ross Arbitration SIG Convenor

http://www.resolution.institute/chapters-groups/victoria



statutory sector DR, arbitration & determinative DR and adjudication DR. Congratulations to the SIG Committees for their work this year. All the SIGs are up and running with current events scheduled, and planning underway for next year’s calendar.

Development and networking program: 2015 marks a rich year for our Chapter’s professional development program. Thank you to our speakers for contributing their time, expertise and passion for DR to the Chapter and the greater Victorian DR community. The breadth, depth and frequency of our 2015 program reflect a momentous achievement that we are very proud of.

Additional activities

Introduction of the ‘student rate’ for Professional Development (PD) event attendance

Continued use of the Chapter’s ‘base’ at the Melbourne Training and Conference Centre for member events

Participation by Chapter members in Monash University’s career expo

Participation and preparation for ‘kon gres 2015, including IAMA’s 40th anniversary dinner

Preparation for survey of Victorian members to ensure PD events reflect members’ needs

Presentations to participants of the 5-day Mediation and CINERGY® Coaching programs in Victoria, encouraging their participation in PD events though complimentary attendance voucher.

2016 at a glance… The Committee has already turned our collective energies to 2016! Our plans include (amongst others):

Continued responsiveness to operational matters arising from integration

Active relationship development with Universities where DR is a curriculum component

Continued engagement with relevant professional bodies to promote broader PD opportunities for members

The provision of a professional program of speakers and events consistent with members’ expressed development needs

On behalf of the Victorian Chapter we submit this report to members with thanks for your ongoing support and valued contribution over the year.

Jeanette Kinahan Toby Shnookal

Co-Chair, Victorian Chapter Committee Co-Chair, Victorian Chapter Committee


Feb LEADR & IAMA Dispute Resolution showcase Jeanette Kinahan, Vasantha Stesin, Lynne Coulson Barr, Richard Manly QC, David Thyer, Steve White, Fiona Hollier

Mar When is it best to choose Arbitration? Professor John Sharkey AM, Richard Manly QC, Toby Shnookal QC, Michael Sweeney LLB and Michael Heaton QC

Apr The great debate - Has ADR saved the legal process from itself? Michael Earwaker, Tony Elder, George H Golvan QC and David Levin QC

May Mental health Complaints Commissioner: New approaches to the resolution of complaints Lynne Coulson Barr

June Expert determination: Traps, tips & techniques Steve White

July Recent Supreme Court decisions in adjudication Hugh Foxcroft QC

Aug The business of mediation: How to grow a practice Donna Ross

Enforcing and setting aside arbitral awards Michael Heaton QC and Richard Manley QC


IAMA 40th anniversary dinner The Hon Neil Brown QC and Brian Gallagher

Traps and pitfalls of adjudication David Thyer

Nov Chapter Annual Meeting & end of year function

Minding the gaps in Dispute Resolution Professor Laurence Boulle

Recent SoP decisions in the Courts Alastair Oxbrough, Ellias Giannakopoulos, Tom Heading and Peter Wood

Tour of the Children’s Court Conciliation Centre Deputy President, Civil List

VCAT Compulsory Conferences



Western Australian Chapter report

Report for 2015 This year has been a busy one for the WA Chapter! It’s been particularly encouraging to see our two groups of members integrate…and to feel their ongoing support for the Chapter’s activities. We extend our sincere thanks to the Chapter Committee members who have come together to form a committed, active and supportive team in 2015. We are also very grateful to Jackson McDonald whose continued partnership allows us access to excellent facilities for meetings and events. We’d also like to acknowledge the support provided by Resolution Institute staff, particularly Helen Goddard in Perth. We greatly value the ongoing assistance in maintaining an active calendar of events for members!

Chapter and networking events The WA Chapter Committee has coordinated and facilitated a varied and active event program for our members this year, spanning determinative and facilitative streams and focusing on the Objects on which Resolution Institute is established.

The year’s program began with a networking event in March. Packing the house with over 50 members and guests, this event provided an opportunity for discussion, progress updates and information exchange for the newly integrated WA Chapter. In May the program included a panel discussion on the subject of ‘Med-Arb – Panacea or pitfall’. This event coincided with Law Week 2015 and was presented by Scott Ellis and Laurie James and Chaired by Michael Gething. Attended by over 60 members and guests, this event was particularly interactive, involving a panel of experts discussing impartiality and confidentiality for practitioners occupying dual roles.

We also held a series of determinative forums this year which were very well supported by members interested in determinative ADR processes. These forums discussed key topics in adjudication and included presentations from the State Administrative Tribunal’s Lisa Ward, and some of the Chapter’s most experienced adjudicator members. An additional adjudication workshop was held in July, where Chapter members and guests were able to hear from expert panellists, Greg Nairn and Lee Panotidis on recent adjudication case law. In October, members enjoyed another interactive session with Supreme Court Principal Registrar, Michael Gething, where he provided an opportunity for participants to reflect on how they have matured as a


Laurie James Co-Chair

Karene Primrose Co-Chair

John Fisher

Graeme Anstee-Brook

Gene Banducci

John Christo

David Court

Anne Durack

Lynette Edwards

Scott Ellis

Wendy Franklin

Margaret Halsmith

John Hockley

Barbara Kwiecien

Philip Loots

Kevan McGill

Chapter event topics Mar New possibilities in ADR

WA Chapter Committee & Board

Apr Determinative forum Laurie James and John Fisher

May Med/Arb – Panacea or Pitfall Michael Gething, Scott Ellis and Laurie James

July Minding the gaps in Dispute Resolution Laurence Boulle

Adjudication workshop John Fisher, Greg Nairn and Lee Panotidis

Aug Determinative forum Lisa Ward


Oct Mediation Colloquium with Supreme Court Principal Registrar Michael Gething

Determinative forum Roger Davis

Nov End of Year Discussion: Construction Law 2015



mediator. Recognising that mediators are continually learning, adjusting, experimenting and, hopefully, maturing, Michael encouraged more in depth peer dialogue and shared the insights gained from his own practitioner journey. In November this year we also conducted an Arbitrators Master Class. This day long, interactive session outlined legislation, case law, rules and practice concerning arbitral processes at an advanced level. The Chapter’s graded arbitrator members, as well as those aspiring to achieve arbitral grading or advance their

knowledge in this area of ADR, were encouraged to attend.

‘kon gres and Practitioner Awards In mid-September ‘kon gres visited WA and a wide selection of papers and workshops were presented by local and visiting speakers to a broad cross section of members and guests. Presentations covered the entire spectrum of ADR and sessions were all well attended. At the close of ‘kon gres we were very pleased to recognise the WA 2015 Practitioner Awardees.

Supporting mediation trainees and WADRA The WA Chapter has continued its support of trainees who attend the five day Resolution Institute NMAS training course, with Margaret Halsmith providing accreditation preparation seminars in the weeks leading up to each assessment session, free of charge. In addition, the Chapter Committee has continued to provide light hearted demonstrations of mediation scenarios during the training week. The WA Chapter has also continued to participate in the Western Australian Dispute Resolution Association together with over 20 local DR organisations.

Future events The Chapter’s program of events continues through to the end of 2015, including:

The annual End of Year Discussion on Construction Law in 2015. At this joint event in November, a panel of leading practitioners will discuss recent case law and current issues facing the construction sector in WA

On 8 December, The Hon Len Roberts-Smith will present at the final Mediation Colloquium on Restorative Justice.

Laurie James Karene Primrose Co-Chair, WA Chapter Committee Co-Chair, WA Chapter Committee



Western Australia Family Dispute Resolution Practitioner (FDRP) Special Interest Group (SIG) report

Report for 2015 Throughout 2015, the FDRP SIG Committee met regularly to pursue the SIG’s goals. These key goals included providing professional development and learning support, as well as social and networking opportunities for the FDRP community (with a focus on private practice). Six professional development functions were run this year, with an average attendance of 15-25 participants. For all six events the focus was on quality presentations and facilitated discussion.

Kicking off the year, management consultant, Doug Aberle gave his insightful presentation on, ‘My FDRP practice as a business’. We then moved to a more technical perspective in a three part series of events, looking at the ‘Obligations of FDRPs’, in reference to Regulation 28 of the Family Law Regulations (2008). The obligations of an FDRP to provide information to participants was a key focus, specifically in regard to confidentiality, admissibility of evidence in Court, qualifications, fees, certificates and complaints. The three events were facilitated by Lisanne Iriks, Susan Leeming and Kerrie Harms.

Up next was our event entitled, ‘Grandparent mediation’. Presented by Lisanne Iriks and Stephanie Baxter, this event explored the complexities of how to support the common interest of the child in family disputes. Our final event for 2015 will be ‘Mediation and Sharia law in Australia’, presented by Douja Elhajj.

Mindful of another key goal - to support regional, rural and isolated practitioners - the FDRP SIG Committee extended its membership to include a regional member this year. Initiatives to reach and support regional FDRPs will continue in 2016.

In respect to one of our other goals – to be a voice to government and other relevant authorities / bodies through the feedback and recommendations provided to the Resolution Institute - the FDRP SIG Committee investigated and followed up on opportunities to link with other ADR organisations. We will endeavor to achieve even more in this area of work in 2016.

2015 reflects the Committee’s commitment to developing and supporting the practice of Family Dispute Resolution in WA. Thank you to each member for their work and dedication.

Susan Leeming Convenor, WA FDRP SIG Committee

2015 SIG Committee Susan Leeming Convenor

Douja Elhajj

Kerrie Harms

Lisanne Iriks

Nicoletta Ciffolilli

Margaret Halsmith

Chris Phillips


Appendices

Appendix 1. BCISP adjudication panels

New South Wales Victoria South Australia Jane Button Alan Chuck Mary Andruchowycz

Peter Callaghan Lawrence Reddaway Raj Chidambaranadar Baskaran

David Campbell-Williams Darren Vardy Kerry Colmer

Ian Cutcher Philip Martin Tony Covino

Peer Dalland Peter Sarlos David Egarr

Brett Davies David Thyer David Elix

Peter Finnane Ian Hilman Nicholas Floreani

Norman Fisher Robert Beck Martin Frayne

David Francis Saul Rozenbes Colin Fullerton

Anthony Grieve Michael Heaton QC Wayne Irvine

Ian Hillman Toby Shnookal Paul McArd

Robert Hunt John McMullan Lolita Mohyla

Jan Luikens Gamini Kodikara Fred Pascale

Anthony Makin Tim Sullivan John Savage

Christopher Morrow David Francis Jonathan Smith

John Murray Jeremy Twigg QC Tullio Tagliaferri

Scott Pettersson Roger Young David Thyer

Rob Riddell Barry Tozer

Graeme Robinson

Helmut Rohde Peter Sarlos

Sandra Steele

Tim Sullivan

Robert Sundercombe

William Taylor

Barry Tozer

Neil Turner

Alan Williamson

Sam Wilson

Robert Zikmann


Appendices continued…

Appendix 1. BCISP adjudication panels continued…

Western Australia ACT Graham Anstee-Brook Neil Kirkpatrick David Campbell-Williams

Peter Byrne John Knuckley Brett Davies

Michael Charteris William Lau David Francis

Chidambaranadar Baskaran Zvy (Steven) Lieblich John Murray AM

Chidambara Raj Philip Loots Tim Sullivan

David Court Richard Machell Barry Tozer

Roger Davis Kevan McGill Neil Turner

Hugh Davis John Morhall Sam Wilson

Kim Doherty RFD Graham Morrow

John Gary Dunne Michael Murrey Northern Territory Alexander Durning Thomas Muttrie Michael Charteris

Antony Ednie-Brown Dennis S L Oon Hugh Davis

Scott Ellis Rodney Perkins Roger Davis

Phillip Evans Dominic Pilkington Scott Ellis

Phillip Faigen Alan Riley Nikolas John Karantzis

John Patrick Fisher Gordon Smith Neil Kirkpatrick

Dulal Ghosh Auke Steensma

Barry Green Mark Nicholas Taylor Tasmania John Hockley Barry Tonkin OAM JP Jon Facey

Laurie James David Trinder Peter Finnane

Scott Mathew Johnson Ralph Unger David Francis

Mark Jones Paul Wellington Ian Hilman

Nikolas John Karantzis Dominic Katter

Philip Martin

Scott Pettersson

Robert Sundercombe

William Taylor

Darren Vardy

Adrian Cowie

Michael Stewart



Appendix 2. auDA Domain name adjudication panel

.auDA Panel

Anthony Alder

Phillip Argy

Neil Brown QC

John Brydon

Gregory Burton SC

Andrew Christie

Alan Chuck

Scott Ellis

Robert Hunt

Jon Kenfield

Steve Leiblich

David Levin QC

David Lieberman

Alan Limbury

Dennis Liner

John McDermott

John McGruther

Rowena McNally

Albert Monichino QC

Scott Petterson

Andrew Robertson

Christine Runnegar

Jennifer Scott

Michael Sweeny

I-Ching Tseng

Patrick Weaver

Steve White



Appendix 3. Adjudication nomination statistics in Australia 1 July 2014 - 30 June 2015

Location

Number of matters

Adjudicators nominated

New South Wales 6 5

Victoria 20 14

South Australia 6 5

Western Australia 72 30

ACT 0 0

Northern Territory 7 4

Tasmania 4 4

AuDA 9 7



Appendix 4. Australian contract nominations 1 January – 30 June 2015

Arbitration Mediation Expert Determination

Roger Davis Geoffrey Barker Peer Dallard

David Francis Gregory Castledine Robert Beck

David Francis Jim Cyngler Tim Sullivan

Stephen Gunn Anthony Elder Barry Tozer

Laurie James Rae Kean Roger Young

Glynn Logue Patrick Wedge Bryan Ahern

Christopher Morrow Lyndon White John Murray AM

John Murray John Patrick Fisher

Patrick Pinder

David Thyer

Matthew Zilko

Philip Loots

Jan Luikens

Robert Zikmann

Peter Flynn

James Senogles

Phillip Martin

Malcolm Gracie

John Anderson

Bernard Carr

Tim Sullivan


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