Annual report 2016 by Resolution Institute

Resolution Institute ANNUAL REPORT 2016

Contents Welcome to Resolution Institute 2016 __________________________________________________ 1 Support and sponsorship _____________________________________________________________ 2 Chair’s Report _____________________________________________________________________ 3 Treasurer’s report __________________________________________________________________ 6 CEO’S Report ______________________________________________________________________ 8 Governance ______________________________________________________________________10 Leadership, management and financial responsibility _____________________________________13 Cooperation and promotion of Dispute Resolution _______________________________________18 Education and training ______________________________________________________________28 Standards of DR practice ____________________________________________________________38 Membership _____________________________________________________________________43 New Zealand Committee report _____________________________________________________ 49 New Zealand networking and professional development events ____________________________ 50 Sydney (New South Wales) Chapter report _____________________________________________ 51 Newcastle (New South Wales) Chapter report __________________________________________ 54 Queensland Chapter report _________________________________________________________ 55 South Australia Chapter report ______________________________________________________ 56 Victorian Chapter report ___________________________________________________________ 58 Western Australia Chapter report ____________________________________________________ 61 Activities in Australian Capital Territory, Northern Territory and Tasmania ____________________ 63

Resolution Institute Annual Report 2016

Welcome to Resolution Institute 2016 Resolution Institute is the largest dispute resolution membership organisation in the southern hemisphere. It operates as a not for-profit organisation representing more than 4,000 members in Australia, New Zealand and the Asia Pacific region practising across the resolution spectrum in processes such as mediation, arbitration, adjudication, conflict management, probity, restorative justice, expert determination, conciliation and facilitation.

Our purpose To promote the use of DR, to provide member services in a vibrant DR environment and to advance and support best practice in DR

In fulfilling its purpose, Resolution Institute provides:           

Extensive information and resources on DR DR practitioner skills development, including diverse and frequent CPD offerings Support for local member groups where DR practitioners connect, network and learn High quality training and accreditation processes A competitive Professional Indemnity and Public Liability Insurance package Promotes the use of DR processes including an online listing or practitioners Respectful and sensitive complaints handling service A voice for DR practitioners in public discussion, representing members’ views Administration of building and construction industry payment disputes and domain name disputes in Australia Training and accreditation for restorative justice facilitators in New Zealand Assistance for organisations to develop effective DR processes.

This Annual Report describes activities and examples of the specific ways in which Resolution Institute provided these services to deliver its purpose.

Resolution Institute Annual Report 2016

Support and sponsorship Resolution Institute acknowledges the generous support we received in 2016.

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:                    

Baker & McKenzie (VIC) Belperio Clark Lawyers (SA) Chamber of Commerce (NT) Children’s Court Conciliation Conference Centre (VIC) Community Justice Centre (CJC) Duponts and Associates (ACT) Clayton Utz (NSW) Corrs (NSW) Cowell Clark (SA) Colin Biggers & Paisley (NSW) Family Relationships Centre (Newcastle) Gadens Melbourne (VIC) Halsmith Dispute Resolution Rooms (WA) Holman Fenwick Willan (VIC) HWL Ebsworth Lawyers (QLD & SA) International Visualisation Centre (SA) Jackson McDonald (WA) Karstens (QLD & VIC) La Trobe University School of Law (VIC) Minter Ellison (QLD & VIC)

                   

McCullough Robertson (NSW) Perth Mediation Centre (WA) Piper Alderman (SA) Rendezvous Hotel Perth Central (WA) Rydges Hobart (TAS) Salamanca Arts Centre (TAS) Squire Patton Boggs (SA) St Catherine’s College (WA) Uniting Church Hall (VIC) University House – ANU (ACT) Victoria University (VIC) AUT (Auckland) Anja Klinkert Lawyer & Mediator (Dunedin) Bell Gully (Auckland) Cameron & Co (Christchurch) Holland Beckett Lawyers (Tauranga) Kensington Swan Lawyers (Wellington) Mc Caw Lewis (Hamilton) Ministry of Business, Innovation and Employment (Auckland) The Law Room (Palmerston North)

If your organisation has supported Resolution Institute during 2016 and is not listed above, we apologise for the inadvertent omission. We would be happy to update this listing if you could kindly let us know.

Resolution Institute Annual Report 2016

Chair’s Report Welcome to the 2016 Annual Report of Resolution Institute The pages that follow describe the many reasons to commend all who have contributed to the accomplishments of 2016. This Report is a credit to members, staff, Directors and to supporters of the members, the staff and the Directors. As I consider the place of Resolution Institute in Australian and New Zealand societies today and going forward, I also reflect on the two long and esteemed histories that laid the groundwork for 2016. Looking ahead, it is clear that Resolution Institute is poised to build upon its current roles to be all the more influential in how conflict and dispute are addressed in the societies of Australia, New Zealand and beyond. To be influential in society it is necessary to know and to be known; to be known is to have brand recognition. Each page of this Report illuminates the brand of Resolution Institute. Societies can be described as having three sectors: the Public Sector, otherwise known as the First Sector; the Private Sector, known as the Second Sector and Civil Society, the Third Sector. Resolution Institute is part of the Third Sector. According to the Australian and New Zealand Third Sector Research (ANZTSR) network, the Third Sector is ‘constituted by all those organisations that are notfor-profit and non-government, together with the activities of volunteering and giving which sustain them’. ANZTSR notes that the ‘Third Sector is gaining recognition in most countries but has hitherto been an undervalued and underresearched sector of society and of the economy’ and further that ‘the experience of Eastern European countries has led many to recognise that Third Sector organisations are key institutions in civil society’1.

Resolution Institute is poised to become more influential in how conflict and disputes are addressed

The core business of Resolution Institute is conflict and dispute and their prevention, management and resolution2. Agencies and organisations in the First, Second and Third Sectors wish to increase their value through constructive resolution of conflict. Resolution Institute is well placed to assist and influence the people who lead the agencies and organisations in these Sectors. In addition to being recognised and known, prerequisites for influence are connection and engagement. Each Sector connects and engages with its constituents according to its goals and values. The First Sector connects through citizenship, engages through electoral representation and is itself influential through legislation and regulation. The Second Sector connects through consumerism, engages through an elusive interaction of their needs and advertising and is influential through marketplace mechanisms, albeit with some regulation. Resolution Institute, as is characteristic of the Third Sector, asserts influence through its brand, having connected with people largely through membership and engaging with people largely through their voluntary participation. 1 2

http://www.anztsr.org.au/ What is the Third Sector? Resolution Institute Objects http://www.resolution.institute/about-us/constitution-and-by-laws

Resolution Institute Annual Report 2016

Chairâ&#x20AC;&#x2122;s Report continued Membership Membership, which is at the core of Third Sector Organisations, is a distinguishing aspect of Third Sector organisations. Resolution Institute is an organisation of members, for members, by members3. Membership confers a â&#x20AC;&#x2DC;mutual, sometimes asynchronous, commitmentâ&#x20AC;&#x2122; motivated primarily by passion for the expressed goals and values. Members contribute to Resolution Institute philosophically, intellectually, financially and practically.

Volunteering Another distinguishing aspect of Third Sector organisations is volunteering, which is often motivated by altruism and egalitarianism. Volunteering is time willingly given for the common good and without financial gain4. Volunteers participate willingly and spontaneously in a wide variety of Resolution Institute initiatives for the benefit of others. A significant contribution to the public face of Resolution Institute is made by volunteers.

Culture Both membership and volunteering are part of the culture of Resolution Institute. Culture can be observed in approaches to decision making and interacting, premised as they are on beliefs, values and attitudes. Resolution Institute beliefs include that conflict is normal; that resolution can be beneficial and that resolution accomplished cooperatively can add value to decision-making and relationships. The values: integrity, innovation, excellence, diversity and collaboration and the attitude of respect complete the picture. The culture of Resolution Institute is the brand; the brand carries reputation and the reputation carries influence.

Members as emissaries The brand is transmitted most successfully, person-to-person. Members of Resolution Institute, with your first-hand knowledge of Resolution Institute, you are ideally placed to (continue to) be the marketers, exemplars, educators and advocates. You are in the primary position of influence when you convey the messages of Resolution Institute to the people of the First and Second Sectors in the language and through the channels that you know to be most receptive.

3 4

Resolution Institute members are ideally placed to be the marketers, exemplars, educators and advocates

Acknowledging Abraham Lincoln, Gettysburg address, 1863 Volunteering Australia at volunteeringaustralia.org

Resolution Institute Annual Report 2016

Chair’s Report continued Thanks My thanks, on behalf of the Board, go to all members, staff, Directors and supporters for the day-to-day influence that you assert in society: for your demonstration, your marketing, your education and your advocacy. Long may you continue your role as emissaries-of-resolution. I have had the honour and the privilege of chairing the Board for 2016. It is important to me that members, staff, Directors and supporters, past and present, know that it is due to each of you, individually and as a community, that I have found the role of Chair to continue to be rewarding and energising. It is your ‘bright outlook’: your enthusiasm, your dedication, your curiosity, your commitment and your optimism, all with an altruistic underpinning, that is so energising. These characteristics and more describe Rowena McNally, who leaves the Board at the end of her term as Immediate Past Chair, after an esteemed term as President of IAMA prior to the formation of Resolution Institute. From time to time I have the pleasure of interacting with the staff of Resolution Institute in Sydney, Wellington, Brisbane and Perth. In addition to your bright outlook, what stays with me is the diversity of interests and areas of expertise well beyond their expertise at work. I congratulate the Executive Team of CEO, Fiona Hollier, GM Australia, Ellie Pietsch and GM New Zealand, Catherine Cooper, led by Fiona, on their leadership with good humour and their accomplishments which are the substance of this Report. Members inspire Resolution Institute. Through the innovative, focussed and efficient Executive team, Resolution Institute aspires to inspiring members. Finally, my thanks to the Board, for your energy, your individuality and your collaborative approach to the strategic decision-making of Resolution Institute.

Margaret Halsmith Chair

Resolution Institute Annual Report 2016

Treasurerâ&#x20AC;&#x2122;s Report Resolution Institute reports better than expected 2015-16 financial result The 2015-16 financial year represents the first full year of the LEADR & IAMA merger and as such the financial results need to be read in light of that context. Careful management of operational income and expenditure limited the expected operational deficit to $45,971. After adding back the non-cash items (depreciation and provisions) of $60,788 a positive operational cash flow of $14,817 was achieved. An amount of $88,362 was invested in strategic development projects bringing the full year reported net deficit to $134,333, well within budget expectations. Whilst total income for Resolution Institute increased 9% from $1.762m to $1.923m, the expenses incurred in delivering member services increased 17%. The most notable increases were for salaries and wages ($1.336m in 2015-16 compared to $886k in 2014-15) and rent ($211k compared to $151k).

Gross Income Streams 2015-16 Room Hire 2%

Other 3%

Membership 22%

Interest 2% Nominations 11% Restorative Justice NZ 6%

Training 54%

The total revenue derived by Resolution Institute in 2015-16 was $3.327 million ($3.119m in 2014-15). The principal source of revenue remains the training courses offered by Resolution Institute but in 2015-16 this source of revenue decreased 6%. This was the first time in the last eight years of reporting to members that this Treasurer has seen a decrease in revenue from training courses. Interestingly, the decrease appeared to occur in the second-half of the year at a time that coincided with the election. Once certainty had returned to the market place it seemed that demand for courses returned to more â&#x20AC;&#x2DC;normalâ&#x20AC;&#x2122; levels. This is one area management and the Board are paying close attention to in the current financial year. The profit margin from providing the various training courses at venues across Australasia (31%) was consistent with the previous year.

Membership revenue for the year amounted to $739,000 which is 8% higher than the previous year. As reported last year, I expect that it will take another 12 months before we see a stabilising in membership revenue for Resolution Institute as the membership fee equalisation process as part of the IAMA merger takes effect. Other revenue was also derived from nomination fees, chapter events, room hire and interest-bearing deposits. The year also saw the derivation of revenue for the first time from the Restorative Justice program being conducted in NZ. In 2015-16, operating costs amounted to $2.057m ($1.756m in the previous year). Part of the reason for the increase in operating costs in 2015-16 was due to the expectation that demand for services under the merged operation would be higher than what transpired during the year (see, for example, the decrease in revenue from training courses). Resolution Institute has also leased more space at the Bridge Street premises (the secretariat has moved to Level 2 and this has increased the size of the breakout and

Resolution Institute Annual Report 2016

Treasurer’s Report continued meeting room area on Level 1) and this has resulted in an increase in rent. Our plan is to reduce the impact of the increase in rent with an increase in revenue from room-bookings. The Board, the CEO and the management team have worked hard on trimming overheads, where possible, and are constantly monitoring and, more importantly, containing operating costs. As always, the Board will continue to adopt a prudent approach to the financial management of Resolution Institute. As noted in my previous reports, the Board in conjunction with the CEO and her 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 the ‘special projects’ are delivered in a financially responsible manner. In broad terms, the ‘special projects’ expenditure for 2015-16 was formulated with a view to delivering more and improved services to members and included: - Branding initiative - Database integration and development Board to continue to adopt - Premises fitout prudent approach to the - Integration of training products Audit for 2015-16 The auditor, RP Campbell Associates Pty Limited, has completed its audit of the financial statements for the year ended 30 June 2016 and has issued an unqualified audit opinion.

financial management of Resolution Institute

Budget for 2016-17 A conservative budget for the year ending 30 June 2017 has been developed by the CEO and approved by the Board. Based on information available to the Board at the time, the Budget for 2016-17 forecast an operating deficit (of less than $60,000). Based on recent trading results there are indications that a breakeven result from operations for 2016-17 is likely. Strategic projects identified in the budget for 2016-17 in broad terms are: - Developing the website - Enhancing the online search directory - Providing digital content, including webinars - Reviewing the mediation training course - Investing in conferences including Relate, Resolve Restore, RAIF Arbitration and Global Pound - Developing and implementing a financial plan for the management of surplus member funds Lastly, I wish to record my thanks and appreciation for the extraordinary efforts of the Resolution Institute CEO and her team in both the Wellington and Sydney offices. It has been a pleasure to work with a team that is committed to delivering exceptional service to members, to the Board and to me personally in my capacity as Director and Honorary Treasurer. David Watt Honorary Treasurer

Resolution Institute Annual Report 2016

Chief Executive Officer’s Report Focus on resolution re-energises our efforts Over the past ten years, I have been honoured to serve the dispute resolution sector by filling the role of CEO for the organisation now known as Resolution Institute. In that time, Resolution Institute has expanded to become an organisation of increased stature and reputation, building on the efforts of practitioners who envisaged a future in which individuals could choose the way they wished to resolve their disputes. Envisaging alternatives for resolving disputes laid the groundwork for envisaging a larger potential for resolution. The current Board showed great foresight in choosing as part of its name, resolution, to focus on the constructive outcome possible in the everyday working and personal lives of people, in the commercial and workplace transactions of government and business and in the decision-making that affects communities at local, national and international levels. The name Resolution Institute, now a little over one year old, has re-energised our efforts and increasingly helps us to glimpse wider horizons. These glimpses take shape in the soon-to-be-released three year strategic plan. I am appreciative of the members’ contribution through surveys, focus groups and a two-day workshop to the efforts of the Board to develop a strategic plan that will enable Resolution Institute to respond to what we perceive as our members’ and the broader communities’ needs. These needs arise in the context of a mature dispute resolution approach within the community. In both Australia and New Zealand, governments in recent times have taken a lead in family dispute resolution and in establishing a range of complaints and dispute resolution services to address such areas as human rights infringements, discrimination matters, workplace issues, housing and tenancy problems, financial disputes and health complaints. Government sponsored mediation, conciliation and restorative justice programs are now frequent in both jurisdictions. Exemplifying this, in New Zealand in particular, recent government initiatives and investment have enabled Resolution Institute to play an influential role over the past two years in training and accrediting restorative justice and family dispute resolution practitioners.

Resolution Institute continues to promote quality through training, grading & accreditation processes

In another example of dispute resolution maturity, in-house counsel frequently talk about their employers’ expectations that matters will be resolved in cost-effective and time-efficient ways, using appropriate prevention measures and ongoing negotiation. In Australia, this has resulted in a greater call on Resolution Institute to assist in dispute system design, helping to articulate and structure processes of appropriate escalation from party to party negotiation, through to assisted negotiation using mediation and when necessary through to 3rd party determination. Although adversarial approaches continue to hold appeal, lawyers report that increasingly clients expect an offering of dispute resolution strategies that help to keep them out of court and increasing numbers of individuals independently seek opportunities to resolve matters using resolution professionals. In such a mature setting, Resolution Institute’s role in promoting and implementing quality training, grading and accreditation processes is essential. With community expectations that dispute resolution outside of court is an appropriate choice, as a profession we have a responsibility to deliver services of high quality and that are accessible to government, business and individuals.

Resolution Institute Annual Report 2016

Chief Executive Officer’s Report continued With reference to some dispute resolution methodologies, Resolution Institute can independently implement changes to its training, assessment and grading or accreditation programs; with respect to other methodologies, Resolution Institute works collaboratively with other dispute resolution organisations. In both cases, Resolution Institute champions over time increasing requirements for skills training, rigorous testing, demanding grading and accreditation and ongoing professional learning. Resolution Institute also has a vital role in encouraging and supporting members to promote resolution services. Although dispute resolution has been practised in Australia for about forty years, there are many resolution professionals for whom resolution forms only a component of their suite of services. Although the demand for dispute resolution services is mature, our business models are in their early stage of development. Resolution Institute, as a professional member organisation, has the opportunity to support our members in developing business, case management and marketing practices that will help them identify potential clients, develop and articulate their offering and take their dispute resolution services to market. As you read this Annual Report, you will read that we have given significant attention to these cores areas of our business – promoting standards and supporting member efforts – over the past twelve months. We plan to extend this emphasis over the coming year.

Thanks Our extensive work and achievements of the past twelve months is possible as a result of the team effort of all our staff located in the Sydney, Wellington and satellite offices. It is thanks to their commitment and diligence that the integrity of our operations within the Resolution Institute policies and procedures are maintained. In particular I extend my thanks to the General Managers, Ellie Pietsch and Catherine Cooper, for their flexibility, hard work, genuine collaboration and personal support. I also thank the Sydney office leadership team – Robert Grima (Finance), Brian Decelis (Communications) and Belinda Cachia (Growth Coordinator) for their initiatives in each of their work areas and their input on responding to the challenges and opportunities that lay before us. Finally, I thank the Board for their professional support, their insight and analysis and their generous volunteer efforts over the past year. I thank especially retiring Immediate Past Chair Rowena McNally for her vision for integration and her energy to drive the process forward, ever mindful of the breadth of the dispute resolution field. My sincere thanks also to the Treasurer, David Watt, for his mentoring support and his guiding hand in maintaining the organisation’s financial stability. To the Chair, Margaret Halsmith, I say a very sincere thank you for her availability, her critical commentary and her many hours of contribution beyond the requirements to fulfil her role as Chair effectively. I look forward to the coming year as we continue to grow Resolution Institute’s stature in the DR field in Australia and New Zealand. Fiona Hollier Chief Executive Officer

Resolution Institute Annual Report 2016

Governance The Board Resolution Institute is governed by a Board of Directors which sets the strategic direction of the organisation and is responsible for governance, including the financial health of the organisation and adherence to relevant legislation. Directors are elected biennially by members and drawn from the membership across Australasia. To meet their responsibilities of governance, Directors are required to maintain a holistic view of Resolution Institute, to act in the best interests of the Resolution Institute for its long term sustainability and through considering the needs of members from throughout Australia and New Zealand, independently of their state or territory connections.

Goal Resolution Institute will be exemplary in its implementation of effective, inclusive and responsible governance

The Board held 10 meetings by teleconference and two face-to-face meetings in 2015-16. The first of the face-to-face meetings in February, led by a facilitator from the Australian Institute of Company Directors provided Directors with professional development in governance. In the second, led by an external strategy design expert, Directors with a small group of invited members, developed a strategic plan to guide Resolution Institute in leading the quality and use of dispute resolution for the coming three years. In its meetings, Directors focus on six Key Result Areas (KRAs) which provide the structure for reporting operational activities in this Annual Report. Directors generally make decisions by consensus (as prescribed by the Constitution). Consensus encourages rigorous deliberation of different perspectives, interests, potential benefits, risks and alignment with Resolution Institute values.

Resolution Institute Annual Report 2016

Governance continued

Resolution Institute Directors Resolution Institute thanks all Directors for their contributions during the past twelve months. Margaret Halsmith (Chair) has been in practice since 1995, and provides mediation for individuals, business and government and PD for new and highly experienced mediators. 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 ADR. Margaret is a founding member of ADRAC, a founding member of the Management Group of EMAN and is Vice-Chair of the Independent Standards Commission of the International Mediation Institute. Mark Beech (Vice Chair), partner in NZ law firm Holland Beckett, has particular expertise in commercial and employment disputes. Mark was the Treasurer of LEADR NZ from 2005-2011, Chair of LEADR NZ from 2011-2013, and joined the LEADR board when our NZ and Australian offices integrated (now Resolution Institute), where he has since served two terms as vice chairperson. His training includes advanced mediation training at Pepperdine University, School of Law, California and negotiation training through Harvard law school.

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 that specialises in providing services in insurance litigation, commercial litigation, family law and fraud investigations.

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 ADR 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.

Alysoun Boyle was an active member of IAMA (now Resolution Institute) for over 15 years, holding several positions, including Chapter Chair (ACT), National Councillor and National Vice-President. She has also been a member of LEADR (now Resolution Institute) for many years. As a facilitative practitioner, Alysoun provides DR training/education and her practice areas include public housing, human rights, guardianship, mental health, family, workplace and community disputes. She is a member of the Australian Dispute Resolution Advisory Council (ADRAC) and of the Law and Society Association (USA).

Resolution Institute Annual Report 2016

Governance continued…

Jon Everest is a Trainer, Assessor and Coach for Resolution Institute, as well as an independent mediator on the advanced panel. Jon works mainly in workplace and family matters and facilitates restorative justice conferences and safety culture evaluations. He has provided an independent conflict resolution service to the Victoria University of Wellington since 2003, has previously served as Head of Security at the International Mobile Satellite Organisation, and holds qualifications in risk management and DR. Jon held positions as Chair of the Board of Wellington Ending Abuse and Violence (WEAV) in 2005/2006 and of the Best Practice Committee in 2009. John Fisher BSc, P Cert Arb, CEng MICE, FAPM (CertPM), FCIArb, FRI, is a chartered civil engineer with over 40 years in international project management. He currently serves on Resolution Institute’s WA Chapter and has been a Board member since 2012. John is an arbitrator, adjudicator (in WA and NT), mediator, and Senior Sessional Member at the WA State Administrative Tribunal, undertaking expert determinations and acting as expert witness. John’s own practice specialises in construction project recovery and DR.

Dr Rosemary Howell holds a Doctorate in Negotiation and is the Founder and Chairperson of Strategic Action Pty Ltd. Rosemary is a Professorial Visiting Fellow at UNSW and is the architect of its Master of Dispute Resolution program. She is also a Senior Fellow at Melbourne University. Rosemary has successfully coached UNSW student teams at CDRC (Vienna) and ICC (Paris) international mediation competitions. She is an accredited Mediator and Former Secretary-General of the Law Council of Australia.

Jeanette Kinahan, GAICD, FRI AdvMed, NMAS, MASORC, MHFESA, CDMP, is an awarded and internationally credentialed personal injury management practitioner and work health, safety and wellbeing specialist. Jeanette is a Coach and NMAS Assessor for RI – and Co-Chair of the Victorian Chapter. Jeanette facilitates, mediates and coaches for workplace complaint, conflict and dispute resolution. Jeanette also specialises in advising and assisting regulators and organisations with design, development, implementation, monitoring and evaluation of strategy, management systems, services and programs in her specialist fields. Rowena McNally (Immediate Past Chair) has over 25 years experience in dispute resolution and was the National President of the Institute of Arbitrators and Mediators from 2010-2015. Her areas of expertise include board governance, banking, primary industries, utilities and water infrastructure and hospital and health care. Rowena holds an LLB, FIAMA, FAICD, FAIM, is a Grade 2 Arbitrator, an Expert Determiner, Adjudicator and Mediator. Rowena joined the Board in 2015 following the merger with IAMA.

Resolution Institute Annual Report 2016

Leadership, management and financial responsibility Leading the Resolution Institute staff team Our staff, based in Sydney, Wellington and satellite offices in Brisbane and Perth, work in a supportive and team oriented environment. Our staff are critical to the success of Resolution Institute and are, in different ways, the face of the organisation to members, trainees, accreditation candidates and many others who interact with Resolution Institute. We are fortunate to have a dedicated team who all place a significant emphasis on friendly and professional service along with attention to detail and utilising strong organisational skills.

Goal Resolution Institute will maintain itself as a financially viable charity strategically ensuring its long term sustainability

The values of Resolution Institute – collaboration, diversity, excellence, innovation and integrity – are core to staff members’ approach to their tasks and interactions with each other, members and clients. Our team members attend mediation training as part of their induction to the organisation’s values and culture. In 2016 two team members – one each in Sydney and Wellington – achieved mediator accreditation. In the Sydney office, we measure the ‘attachment’ of new team members to review and monitor our induction process. We foster a collaborative, collegial and adaptive environment responsive to the diverse needs of staff members, offering flexibility where possible in working arrangements. In 2016, this has included a number of staff working part time, with flexible hours or working from home supporting family commitments. Four team members have also been supported in continuing external education programs. We celebrate organisational achievements, such as completing membership renewals, successful events such as conferences, membership networking and CPD events particularly those hosted in our offices; and personal ‘moments of significance’ such as successful completion of a work project, study successes and birthdays. Our adherence to excellence and continuous improvement means we tailor job roles to suit specific skills and talents of team members as they emerge and develop. It also means that staff meet regularly to coordinate activities and projects across work areas. We encourage staff to participate in professional development and training opportunities, to enhance breadth in their professional skills sets and their abilities to undertake their particular job roles. Examples of training include digital and online communication, social media engagement and database module extension. We recognise the perspectives of staff and their insights, by seeking their input on ways that work processes can be improved and on future directions. We engage staff in reviewing and implementing occupational health and safety. We provided opportunities for staff to participate in the strategic planning process. As well, in Sydney, a leadership team of senior staff members support the Executive team in identifying issues which need attention, in formulating and coordinating projects and in mentoring team members. Our internship program in Sydney continues to grow from relationships with University of New South Wales, University of Sydney, University of Technology Sydney and Gadens Lawyers. These internships offer students and new graduates opportunities to learn while delivering projects of value, such as developing social media, research for government enquiries and advice on dispute scheme design. Two interns during 2015/16 were offered ongoing employment with Resolution Institute. Additionally, existing staff benefit from acting in a supervisory role of our interns, developing their own leadership and management skills.

Resolution Institute Annual Report 2016

Leadership, management and financial responsibility continued Executive team

Fiona Hollier Chief Executive Officer

Ellie Pietsch General Manager Australia

Finance team

Gerry Westhuis

Robert Grima

Australian membership team

Sue Ahyee

Catherine Cooper General Manager New Zealand

Communications

Database

Growth Coordinator

Brian Decelis

Phil Millen

Belinda Cachia

New Zealand training and membership team

Lisa Maltby

Corinne Edge

Michelle Vui

Kathy Broad

Australian learning pathways team

Cassy Ashford

Natalia Duzyk*

Winona Wawn

Australian nominations team

Lian Drinan

Luke Sundercombe

Helen Goddard

* Currently on maternity leave

Resolution Institute Annual Report 2016

Leadership, management and financial responsibility continued Evolving staff team Ten years as CEO Fiona Hollier celebrated a decade as CEO. Starting in 2006 as CEO of LEADR, Fiona is now CEO of the largest DR member organisation in the Southern Hemisphere. This growth resulted from the vision of Directors from three organisations, supported by the CEO, to integrate LEADR and LEADR NZ (late 2013) and IAMA and LEADR (late 2014), commencing from 1 January 2015. In 2015, the CEO coordinated the branding process, involving Board, members and staff to develop a brand that captures the promise of this expanded organisation: Resolution Institute. During Fionaâ&#x20AC;&#x2122;s ten year tenure, the organisation has increased its member numbers from approximately 1,500 to more than 4,000, and staff from five to 20. The organisation has also expanded its suite of training courses, forms of accreditation, nominations services, communications with members and database. Its website has had two complete make-overs, several internal redesigns and now a third complete make-over is in progress. We extend our congratulations to the CEO.

Wellington

Sydney

Permanent staff farewells Melissa McDonald Membership services Keo Chiem Training services

Rebecca Davis Eva Lin

Communications Membership (casual)

Temporary staff farewell Renee Ell Executive support Hong-An King Nominations services Lisa Williams Nominations services

Sue Loney Emily Price Alison Price

Venue support Venue support Venue support

Intern contributions Cameron McPhedran University of New South Wales Law School Danielle Eliatamby Caroline Hu

University of New South Wales Law School University of New South Wales Law School

Dhorittee Marasigan University of Technology Sydney Business School Jackson Sun University of Adelaide Business School

Resolution Institute Annual Report 2016

Member and practice group research, resource preparation Nominations rules and policy review Arbitration course resources review, accreditation support Social media and reporting Finance audit and book keeping

Leadership, management and financial responsibility continued Providing venue hire Resolution Instituteâ&#x20AC;&#x2122;s meeting and training rooms in Sydney and Wellington have expanded during 2016 to provide a service for members and through hire to external parties, to deliver a modest revenue stream.

In Sydney, staff moved from the 1st floor to the 2nd, making available the entirety of the 1st floor as a comfortable mediation suite, arbitral hearing venue, training room or event space, with a separate lounge and dining area and a variety of different sized rooms for breakouts, private sessions, meetings or training.

In Wellington additional space now means that there is a large room which can be used for training, networking and other meetings as well as a breakout or smaller meeting room.

Meeting regulatory requirements Resolution Institute takes pride in its attentiveness to meeting its regulatory and reporting obligations as a registered not for profit entity with the Australian Charities and Not-for-Profits Commission (ACNC) and as a corporation limited by guarantee under the Australian Securities and Investment Commission (ASIC). It is important for Resolution Institute to continue to be financially viable and also accountable to both its members and regulators. Accountability to the ACNC and ASIC includes preparation and submission of annual reports and financial statements and notification of ongoing changes to details including Board composition, company structures, staff and financial matters. The ACNC additionally requires Resolution Institute to report on the activities it has undertaken annually and to describe how those activities and outcomes helped achieve the charitable purpose of the organisation, including identifying beneficiaries. Resolution Institute is also registered with and accountable to the New Zealand Companies Office as an overseas registered company and completes annual returns to meet this accountability.

Resolution Institute Annual Report 2016

Leadership, management and financial responsibility continued Being financially sustainable Careful management of operational income and expenditure ensured the net deficit of $134,333, which includes an investment of $88,362 in strategic development â&#x20AC;&#x153;specialâ&#x20AC;? projects, was well within budget expectations. After adding back the non-cash items (depreciation and provisions) of $60,788 a positive operational cash flow of $14,817 was achieved.

2015-2016 $

Extract from Audited Statutory Accounts Net Assets Cash Balance Income Net Training Income Net Nomination Income Net RJ Income NZ Net Chapter Event Income Membership Renewals Other Income Total Income General Expenditure Special Projects Other Expenditure Total Expenditure Net Surplus/(Deficit)

The 2015-16 financial year represents the first full year after the LEADR and IAMA merger and as such the financial results need to be read in light of that. The most significant increases were for salaries and wages (1.336m in 2016 compared to $886k in 2015) and rent, following an expansion of office space, ($211k compared to $151k).

2014-2015 $

1,306,319 2,227,246

1,449,292 2,385,085

554,406 321,346 75,058 8,265 738,706 225,310 1,923,091

589,986 165,328 0 1,712 682,709 322,818 1,762,553

88,362 1,969,062 2,057,424 (134,333)

162,161 1,594,447 1,756,608 5,945

The financial results are expected to stabilise in 2016-17 with a close to breakeven result.

$800,000 $700,000 $600,000 $500,000 $400,000 $300,000 $200,000 $100,000 $0

2016 2015

Net training income declined in 2015-16 by 6.4%. This is expected to improve in the 2016-17 financial year. Net nomination and membership income increased by 94% and 8% respectively. The income streams for nominations and membership are expected to stabilise in 2016-17 to sustainable levels.

A conservative, balanced approach has been taken for the 2016-17 budget in recognition of the need to identify income growth opportunities and limit as far as practical increases to overhead expenditure.

Resolution Institute Annual Report 2016

Cooperation and promotion of dispute resolution Resolution Institute actively promotes dispute resolution through social media, cross sector activities and collaboration with other DR organisations.

Growing social media presence Throughout 2016 Resolution Institute established a constant presence across Facebook, LinkedIn and Twitter. Information from a wealth of sources was shared with our community and other DR professionals globally with regular posts on up to date industry developments, resources, events and news. Taking a whole of staff approach, staff members have contributed to implementing the RI social media strategy. Around 3-5 posts are made across the three media daily with an increase of almost 200 Facebook likes, more than 100 LinkedIn followers and over 50 Twitter followers since 1st January 2016.

Goal Promote the development, acceptance and usage of ADR in the community, through the media and by working cooperatively with dispute resolution agencies, universities, government and business

Partnering on conferences and events Gold sponsor of National Mediation Conference, Gold Coast, September 2016 Resolution Institute once again sponsored and actively participated in the NMC which attracted more than 500 participants. The scope and range of topics provided rich and varied professional learning for our members and their colleagues. At the end of the conference it was confirmed that the 2018 NMC will be hosted in Canberra and Resolution Institute will be the supporting administrative body for the NMC board in its organisation.

Resolution Institute Annual Report 2016

Cooperation and promotion of dispute resolution continued Partner with NZ restorative practice organisations Resolution Institute partnered with Restorative Practices International, Restorative Practices Aotearoa and Victoria University, Wellington, to attract more than 280 delegates, primarily from New Zealand and Australia to what was designed as a multi-disciplinary conference covering a broad spectrum of conflict resolution processes. Unfortunately, a serious earthquake in New Zealand resulted in the conference being cancelled. The conference venue, the Westpac Stadium, was closed for several weeks after the earthquake as safety inspections and repair work were completed. Many of the delegates were mid-travel when the conference was cancelled. We congratulate staff and partners on their very professional response to this adverse event.

Contributor to Sydney Arbitration Week November 2016 Resolution Institute was delighted to contribute to Sydney Arbitration Week, following our very successful contribution in 2015. Resolution Institute offered two significant events both of which were held in Sydney:

The Great Debate Resolution Institute gives its sincere thanks to McCullough Robertson for hosting the debate. More than 80 members and colleagues registered for this entertaining forum with a twist – retired judges arguing that they don’t make the best arbitrators and non- judges arguing that they do. The debaters – the Honourable Roger Gyles AO QC, the Honourable Murray Tobias, Malcolm Holmes QC and Janet Grey BArch MA M/AMA – entered the spirit of the debate with good humour and energy, canvassing significant issues and promoting ideas for growing business. Resolution Institute thanks the debaters, the Master of Ceremonies, Russell Thirgood and the Debate Adjudicator, Steve Goldstein for their generous participation.

RAIF Arbitration Conference Resolution Institute was privileged to host the 2016 conference of the Regional Arbitral Institutes Forum (RAIF) on 25 November. Resolution Institute welcomed RAIF delegates from Brunei, Hong Kong, Indonesia, Malaysia, Philippines and Singapore to exchange information about growing arbitration in the region. With the theme of Building the future of arbitration through innovation, the conference attracted 50 attendees, including members from Australia and New Zealand, and was a unique opportunity for arbitrators to meet, learn and discuss developments in both international and domestic arbitration.

Resolution Institute Annual Report 2016

Cooperation and promotion of dispute resolution continued

Designer of conferences for 2017 and 2018 Global Pound Conferences (GPC) Australia (Sydney, May â&#x20AC;&#x2122;17) and New Zealand (Auckland, May â&#x20AC;&#x2122;17) Resolution Institute is excited to be sponsoring, planning and promoting the international GPC series. GPC events in more than 35 locations will engage parties, advisors, DR providers and influential stakeholder bodies in robust conversations about growing the use of DR and in collecting data to underpin this endeavour in future years. The New Zealand and Australian Local Organising Committees, with instrumental support from Resolution Institute, are designing programs, identifying expert panellists, developing participant engagement strategies and prioritising how to leverage the data that the conferences generate. Resolution Institute thanks Herbert Smith Freehills and Kensington Swan for sharing industry knowledge and expertise and for both generously making their offices available as venues for these significant events.

National Mediation Conference 2018 Resolution Institute won the bid to host the NMC in 2018, and to expand it to include other DR methodologies. Resolution Institute will provide administrative support for the NMC Board, a conference design committee and a social and marketing committee, each comprising DR professionals with DR and other appropriate expertise. The 2018 Conference will be held in Canberra, where it was last held in 2002 as part of the city to city rotation of NMC. Resolution Institute is committed to an inclusive, collaborative and innovative approach.

Collaborating across the sector Keeping you informed notices Resolution Institute continues to support the efforts and activities of other organisations within the sector. Our Keeping you informed notices inform members about employment and learning opportunities. In total we sent out 115 notices advertising 147 events across Australia and New Zealand, with most opportunities also receiving coverage in our monthly newsletter, Pulse.

Mediator Standards Board (MSB) Resolution Institute champions the work of the MSB responsible for implementing the National Mediator Accreditation System (NMAS) in Australia. (The requirements for Resolution Institute mediator accreditation in New Zealand parallel NMAS in Australia) The CEO, Fiona Hollier, after six years as Deputy Chair was constitutionally required to retire from the MSB. Resolution Institute will continue to engage in the development of the standard through its significant contribution as a Recognised Mediator Accreditation Body (RMAB).

Resolution Institute Annual Report 2016

Cooperation and promotion of dispute resolution continued International Mediation Institute (IMI) Resolution Institute continues to partner with IMI in its promotion of transparency and high competency standards in worldwide mediation practice. Resolution Institute is the only agency in Australia and New Zealand that offers a quality assessment program (QAP) to approve mediators for IMI certification. Resolution Institute is currently working with IMI and its global sponsors to implement the Global Pound Conference in Sydney and Auckland in 2017.

Voluntas Constructive Conversations pilot program Resolution Institute continues to support Voluntas â&#x20AC;&#x201C; a program in which experienced mediators, accompanied by a newly qualified mediator, offer mediation pro bono to eligible not-for-profit organisations referred by Volunteering NSW. Resolution Institute is pleased to support this very worthwhile service and to provide a pathway for newly qualified mediators to gain experience.

Dispute Resolution Industry Forum The Dispute Resolution Industry Forum is a cross-sector group which aims to foster communication and cooperation between organisations in the DR sector within Australia. Its recently established website provides a virtual location for sharing resources and news, and will be pivotal in the organisation of events such as the annual forum.

Arbitration roundtable Convened by Law Council of Australia, the group of sixteen participating organisations met to discuss promoting Australia as a seat for international arbitration. Its first project will be a presentation to the International Bar Association.

Links with universities Resolution Institute regularly engages with universities to enable students gain insights about careers in DR. In Australia the CEO, Fiona Hollier presented to Melbourne University law students about membership of RI, accreditation, work opportunities and developments in mediation; Victorian members at a Monash University Law School careers fair and SA members at Flinders Law Studentsâ&#x20AC;&#x2122; Association Alternative Pathways Evening 2016 promoted DR, assisting students to learn about possible career pathways and RI offering to support them. Our hearty thanks to Victorian and South Australian members for contributing their time and expertise to future DR practitioners. In New Zealand Resolution Institute supports students and universities in a range of ways. Resolution Institute offers student prizes in dispute resolution at universities offering DR courses and students are also eligible to apply for the 5 day Mediation workshop scholarship offered each year. Resolution Institute has specific partnerships with Auckland University supporting the team competing in the ICC mediation competition and Victoria University of Wellington partnering to offer a research scholarship completing research on commercial mediation. In 2016 Resolution Institute was pleased to support a meeting of mediators working in universities around New Zealand.

Resolution Institute Annual Report 2016

Cooperation and promotion of dispute resolution continued Active participation in the family law sector - Family & Relationship Services Australia (FRSA) Resolution Institute exhibited at the national conference of FRSA the core theme of which is measuring success in the family and relationship sector, and the increasing professionalisation of family dispute resolution practitioners. FDRPs benefit from membership of an organisation such as Resolution Institute that provides professional learning and a professional complaints service.

Greater Sydney Family Law Pathways Network The CEO, Fiona Hollier, was pleased to facilitate a planning day, held in RI Sydney rooms, on how best to engage their members in developing knowledge about the factors contributing to family violence.

Family Works, NZ The GM (NZ) Catherine Cooper, is participating in a reference group for a project considering the important issue of children’s participation in FDR.

Yongin City Hall, South Korea learning tour Resolution Institute was pleased to welcome a delegation from Yongin to explore the potential for usage of DR in local government disputes. The CEO, accompanied by members, Alan Field, Geri Ettinger and Sandra Walden Pearson from the NSW Chapter Facilitative SIG met with delegates to exchange information and potential opportunities for growing DR use.

Speaking up on DR issues As a voice for its members in Australia and New Zealand, Resolution Institute responds to discussion papers circulated by government and other bodies. Where possible and appropriate Resolution Institute seeks members’ feedback directly through surveys and other mechanisms with member responses informing the submissions. In Australia, Resolution Institute made the following submissions in 2016:

Victorian Department of Justice and Regulation’s Access to Justice Review Background Paper on Alternative Dispute Resolution Responding to six specific questions posed regarding increasing the use of DR in the justice system, Resolution Institute contributed a submission which was then referenced on the Review’s website.

BCISOP Act SA and BCISOP Act NSW Following member consultation, Resolution Institute provided comment to the NSW Department of Fair Trading in relation to the December 2015 Discussion Paper and also responded to the SA Small Business Commission’s Consultation Paper on the effectiveness and jurisdiction of the applicable Building and Construction Industry Security of Payment Acts.

Resolution Institute Annual Report 2016

Cooperation and promotion of dispute resolution continued -

Farm Debt Business Mediation Bill (QLD) 2016 Introducing a standalone mediation DR scheme under the new Farm Debt Mediation Act (QLD), Resolution Institute made a submission regarding the Bill in its committee phase, exploring various aspects of the proposed scheme for resolution of farm business debt matters between mortgagees and farmers.

Retail and Commercial Leases Act (SA) Resolution Institute responded to the Office of the Small Business Commissionerâ&#x20AC;&#x2122;s review of the Retail and Commercial Leases Act 1995 conducted by Mr Alan Moss and completed in April 2016, supporting expansion of the role of the SBC to include the right to mediate and determine disputes under the Act.

In New Zealand, Resolution Institute made the following submissions in 2016:

Variations to NZ Retirement Villages Code of Practice Resolution Institute prepared several submissions to Commission for Financial Capability consultation on the complaint resolution clauses of the Code of Practice. Changes coming into effect in April 2017 require retirement village operators to offer mediation for disputes not solved through the villagesâ&#x20AC;&#x2122; complaints processes.

Changes to Family Dispute Resolution in NZ Resolution Institute has continued to advocate for a high quality FDR system in New Zealand that recognises the skills and expertise required of FDR providers. Resolution Institute continues to represent members in FDR forums and surveyed members on potential changes and prepared several submissions.

NZ Government Centre for Dispute Resolution Catherine Cooper, GM NZ and Board member Jon Everest participated as members of the GCDR advisory group in 2015. The business case produced led to the establishment of a permanent Government Centre for Dispute Resolution in New Zealand.

Encouraging DR growth through scholarships and prizes Resolution Institute scholarships in NZ Applicants engaged in a wide range of valuable work in the community are eligible to apply. The quality and number of applications indicated strong interest in ADR and the way that it is contributing to communities in New Zealand. Congratulations to 2016 scholarship recipients Wi Pere and Bianca Franene who have both now attended the 5 day mediation workshop.

University of Canberra MOOT Resolution Institute is pleased to continue providing the Best Advocate in Mooting prize at the University of Canberra. Congratulations to the 2016 winner, Peter Wong awarded in April this year.

Resolution Institute Annual Report 2016

Cooperation and promotion of dispute resolution continued Resolution Institute prizes for excellence in NZ university studies Congratulations Amelia Watson of University of Waikato and Jean Copland of Victoria University of Wellington for receiving RI recognition for excellence in their DR studies, with the award of the DR prize.

Resolution Institute prize for SCRAM WA winning school Resolution Institute is delighted to reward an annual prize of attendance at a mediation workshop to the winning school in the prestigious high school SCRAM WA competition, as well as contribute to a plaque for the runner-up school. Students in the final are awarded medals. Resolution Institute members support the skill development of students by providing coaching during the preparation stage and also adjudicating the mediation competition, for the early rounds through to the final. Senior WA members attended to present the prizes to Margaret River High School and to the runnerup Perth College.

Resolution Institute prize for AAT NOOT in QLD Eleven teams of Queensland law students participated in the AAT Negotiating Outcomes on Time (Noot) competition whose major prize is sponsored by Resolution Institute. Congratulations to the Griffith University team who received mediation courses as their prizes – of great benefit to these aspiring lawyers and ADR practitioners.

Resolution Institute research scholarship Victoria University, Wellington Resolution Institute is once again pleased to be partnering with Victoria University to provide a summer research scholarship about commercial mediation in NZ. The research completed over 2015-16 building on previous research, explored the ‘gatekeeper’ function of lawyers in commercial mediation. A third piece of research planned for summer 2016-17 will focus on the views of parties to commercial mediation.

Resolution Institute supports Peace Foundation’s school mediation program in New Zealand Resolution Institute members continue to assist with coaching on Leadership through Peer Mediation (LtPM) training programs. In 2015 Resolution Institute awarded Christina Barruel, Head of Peace Education, a scholarship to train and become accredited as a mediator. This secondary school program enables students to gain conflict management skills while mediators develop their own skills both in coaching and with mediation in a different context.

Kimberley Alford working with student peer mediators.

Resolution Institute Annual Report 2016

Cooperation and promotion of dispute resolution continued Resolution Institute supports for ICC Commercial Mediation Competition Resolution Institute is proud to support Australasian entries to the ICC Commercial Mediation Competition, with RI members coaching university teams entered in the competition. Rosemary Howell, Nina Khouri, Anne Sutherland-Kelly, Peter Singer and other Resolution Institute members coached the first three placed teams in this year’s competition held in Paris in February. The law schools from the University of New South Wales, the University of Auckland and Monash University, came first, second and third respectively from the 63 entrants from 33 countries.

Supporting schemes to facilitate public access to DR Resolution Institute is frequently requested to assist in the growing use of DR by other organisations. Two recent projects include assisting in the design of a DR system design for an international professional body seeking to establish in the Australian market, and providing support to an industry body to implement new obligations under a Code. In such cases, Resolution Institute may have a role in nominating dispute resolvers for particular matters. This is consistent with Resolution Institute’s general practice of providing a service to the community of facilitating public access to dispute resolution:   

When a government, industry or agency scheme requires an independent and unbiased third party to appoint an appropriately qualified dispute resolver. In such cases Resolution Institute is usually appointed as a nominating body or authority When parties need a contractually agreed, independent and unbiased service to appoint a dispute resolver When in a rare case, an individual requests a dispute resolver.

Resolution Institute Annual Report 2016

Cooperation and promotion of dispute resolution continued When nominations are made, Resolution Institute is committed to information flow which is aligned with principles of appropriate transparency, quality, consistency, accountability and privacy. For each nomination application, Resolution Institute   



completes a comprehensive checklist about the dispute, ensuring compliance confirms appropriate grading and accreditation of member applicable to the particular dispute considers a core set of factors and other factors unique to the circumstances of each dispute. These factors include: Jurisdiction Technical specialty Quantum of dispute Real and perceived conflicts of interest Risk of bias Availability to provide expeditious service Experience with similar matters and Hourly rate charged /ensuring economical outcomes (sometimes, as with adjudications, fees are controlled by a government regulator) considers how many and how recently members have received nominations from Resolution Institute

Resolution Institute as a nominating body for organisational schemes: Building & construction security of payments scheme 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. Resolution Institute is an Authorised Nominating Authority in all states and territories of Australia excluding Queensland, where it is a training provider, accredited by Queensland Building Construction Commission. During 2016, Resolution Institute's status as an Authorised Nominating Authority under Tasmanian and Victorian security of payments legislation was renewed for three years. In 2016, a training seminar was held in Queensland, masterclasses were held in NSW and WA and a number of special interest groups focusing on different adjudication aspects were also held. Resolution Institute has been actively engaged with the reviews being made by state governments of their Building and Construction Industry Security of Payment Act (BCISOP). During 2016, Resolution Institute provided submissions to the NSW Department of Fair Trading and to the SA Small Business Commission in response to their respective proposals to review their State Act. During 2015-2016, 184 adjudication applications have been received across all jurisdictions. To respond to these applications, Resolution Institute appointed 62 adjudicators.

Resolution Institute Annual Report 2016

Cooperation and promotion of dispute resolution continued .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 1 July 2015 – 30 June 2016, Resolution Institute administered 11 .au domain name disputes, appointing an adjudicator for each of these disputes.

Student mediation scheme Tertiary education and training institutes are required as part of their registration to have an external dispute resolution process. Resolution Institute provides this service, which is used on a relatively rare basis. In the period 1 July 2015 – 30 June 2016, Resolution Institute appointed one mediator under this Scheme.

Retirement Villages Code of Practice Resolution Institute is exploring partnership opportunities with the Retirement Villages Association in New Zealand, as changes to the Retirement Villages Code of Practice from April next year require mediation as a DR step.

Auckland Prison In December 2015 Resolution Institute nominated dispute resolvers for the Auckland Prison Public Private Partnership Project accelerated dispute panel, after a call for expressions of interest from members.

Motor Vehicle and Repair Industry Code of Conduct This Code provides for an external dispute resolution for smash repairers and insurance companies who cannot settle disputes internally. In the period 1 July 2015 – 30 June 2016, Resolution Institute appointed one mediator under this Code.

The Community Broadcasting Association of Australia (CBAA) Resolution Institute provides pro-bono mediation services to CBAA members when disputes arise between community radio stations and their management. In the period 1 July 2015 – 30 June 2016, Resolution Institute appointed one mediator under this service.

Screenrights Australia During 2016, Resolution Institute secured a new DR expert determination nomination scheme with Screenrights Australia for intellectual property disputes. In the period 1 January 2016 – 30 June 2016, Resolution Institute appointed one expert determiner under this Code.

Resolution Institute as a nominating body in dispute resolution clauses: As a preferred provider of DR services, Resolution Institute (and the previous constituent bodies – IAMA and LEADR) are often specified as the nominating body in contracts. When such instances arise Resolution Institute nominates from our membership for the provision of arbitrator, mediator and expert determiner services. In the period 1 July 2015 – 30 June 2016, Resolution has received 66 applications for such nominations. To respond to these applications, Resolution Institute rigorously applying the selection criteria listed above, appointed 62 dispute resolvers – 29 arbitrators, 13 expert determiners and 20 mediators.

Resolution Institute Annual Report 2016

Education and training 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

Goal

Our programs in 2016 explored the core concepts and models of dispute resolution and offered participants the opportunity to participate in experiential activities to develop their practical skills.

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

2015-2016 qualification courses Public training courses 26 11 6 4 2 2 1

Mediation (5 day) Conflict management coaching Assessing suitability and preparing clients for mediation Probity services Mediating workplace bullying complaints Restorative Justice facilitator induction Arbitration run as a joint venture with University of Adelaide

In-house training courses 3 1 1

Mediation (5 day) Assessing suitability and preparing clients for mediation Leader as workplace coach

Mediation During 2015-2016, Resolution Institution offered 5‒day Mediation training courses primarily in Australia and New Zealand. Most of these, as shown in the tables above were public training courses with three being customised for clients to be run in-house. Resolution Institute was pleased that a joint venture with Risk, Response, Engage, Design, Deliver. (RREDD), enabled a mediation course to be run for national judicial staff in Papua New Guinea (PNG). Building on work conducted by member, Dr Craig Jones (RREDD), in PNG and the relationship between the former LEADR and the National Court judge Justice Ambeng Kandakasi, Resolution Institute trainer Carol Powell delivered training which meets the National Mediator Accreditation System (NMAS) for 15 lawyers from the PNG Solicitor-General’s Office.

The participants with the trainers at the end of their course.

Resolution Institute Annual Report 2016

Education and training continued Conflict Management Coaching Resolution Institute continued to offer a learning pathway for expansion of skills that are relevant in a range of DR settings. Mediators in particular find that the skills learnt in conflict management coaching can be used to great effect in pre-mediation and private sessions. As well, there is an increasing interest from organisations in expanding their conflict management toolkit for addressing workplace conflicts. Conflict management coaching assists individuals to explore their contribution to conflicts in which they are involved. This in turn can lead to significant personal growth which supports better relationships in the workplace. Becoming an accredited coach by completion of the 4-day CINERGY® Conflict Management Coaching course followed by assessment, expands members’ offering to clients. Conflict Management coaching courses have been conducted in Australia for many years. After a wellsubscribed course in Wellington, Resolution Institute plans to offer this course more frequently in New Zealand.

Arbitration training through University of Adelaide In a joint venture with the University of Adelaide, Resolution Institute conducts a bi-annual arbitration course which meets the requirements of the Resolution Institute Policy for the Registration of Practising Arbitrators. The practical component includes extensive arbitration simulation exercises conducted in each of two semesters. Forty students, drawn from within Australia and from overseas, participated in this course and its practical component in 2016. Our participation as joint venture partners is subject to ongoing review by the course Board of Management, which includes University of Adelaide and Resolution Institute representatives. Arbitration tutors and exam invigilators Tutors: Stephen Goldstein and Andrew Robertson (coordinators), Anthony Makin, William Taylor, Barry Perth Tozer, Sam Wilson, Peter Finnane, Ian Nosworthy, Rebecca Cameron, Steve Georgiadis, David Egarr, Jon Clarke Perth Volunteer exam invigilators: Hon Neil Brown QC, Philip Faigen, Rod Perkins, Chris Cureton, Karyn Reardon Perth

Probity Services During 2015-2016, Resolution Institute ran four Probity Services courses – two in Sydney and one each in Brisbane and in Melbourne. The 4-day program covers the essentials of probity and ethics principles and practice, particularly in procurement related processes. The course includes a written assessment to enable participants to progress towards accreditation. In 2015-2016, 31 students graduated from probity training.

Resolution Institute Annual Report 2016

Education and training continued Restorative Justice Training Resolution Institute is contracted by the New Zealand Ministry of Justice to deliver training and accreditation for restorative justice facilitators working for Ministry contracted restorative justice provider groups. Resolution Institute works in partnership with PACT Training Consultants to deliver training. In late 2015 and early 2016 PACT and Resolution Institute redeveloped the facilitator induction training program, implementing new pre-course online modules and assessments and refining the 5 day training course. Three 5 day training courses have since been run with 32 participants meeting the requirements for accreditation.

2016-16 Continuing professional development (CPD) Arbitration Arbitration masterclasses were offered through Resolution Institute Chapters in Adelaide, Perth and Sydney this year, with plans for one in Melbourne in early 2017. Attendance by Grade 1 and Grade 2 arbitrators at these masterclasses is compulsory under the Resolution Institute Policy for the Registration of Practising Arbitrators to maintain grading. Seventy-eight arbitrators attended masterclasses in 2015-16.

Adjudication Adjudication masterclasses were held in Perth and Sydney. Attendance by adjudicators at masterclasses is compulsory under the Resolution Institute Policy on the Accreditation and Register of Adjudicators to maintain accreditation to adjudicate under the building and construction security of payments legislation in a given state jurisdiction. Sixty-six attended masterclasses in Perth and Sydney in 2016. A masterclass is being planned for 2017 in Victoria. In Queensland, adjudication accreditation comes under the auspices of the Queensland Building and Construction Commission. External providers, such as Resolution Institute conduct CPD events for Queensland based adjudicators. Resolution Institute conducted one CPD event in Queensland in 2016 and is exploring conducting another in 2017.

Mediating workplace bullying complaints This one-day workshop examines the Workplace Health and Safety (WHS) legislation relating to workplace bullying to provide participants with a context for providing mediation. The workshop considers the types of bullying complaints appropriate for mediation as well as how to conduct mediation in such circumstances. Courses were run in Sydney and Melbourne in 2016 for 34 participants.

Assessing Suitability and Preparing Clients for Mediation This one-day CPD assists participants to distinguish between disputes that are suitable for mediation and others that may require a different intervention. It explores in depth ways to prepare clients to participate effectively in mediation. Six courses with 53 participants were held in Australian locations in 2016.

Resolution Institute Annual Report 2016

Education and training continued Elder mediation training Two 3-day elder mediation training courses held in Auckland and Wellington in August were very well received. Twenty-two participants explored issues relating to elder abuse, specific needs of older clients and the accommodations that may need to be made for mediation to be an effective intervention to assist in planning how to address current and future needs of older clients and for resolving conflict issues that have arisen within families.

Solution Focused Conflict Resolution World-renowned mediator and speaker, Fredrike Bannink who was a presenter at the National Mediation Conference on the Gold Coast in September 2016, extended her trip to include Wellington. Fredrike delivered a stimulating 1 day workshop on solution focused conflict management and mediation including its application in restorative justice for 24 participants.

Training planned for 2017 -

Advanced Conflict Management Coaching has been scheduled in Sydney and Melbourne as a new offering. Following a pilot in Sydney, digital marketing for small business courses are planned for 2017. As well, neuroawareness, elder mediation and courses in managing difficult behaviours are being explored to expand our suite of CPD training offerings in 2017.

Resolution Institute Annual Report 2016

Education and training continued

Resolution Institute trainers Resolution Institute trainers are highly experienced dispute resolution practitioners. Detailed below are those trainers who conducted courses in 2016, maintaining our high standards of quality training provision for professionals working in DR and related areas. Dale Bagshaw – Elder Mediation  Adjunct Professor at the University of South Australia  Chairs the Elder Mediation Australasian Network  Researched extensively in the area of elder mediation

Ian Bailey SC – Arbitration  Architect and practises as arbitrator, Court appointed referee, mediator, adjudicator and expert determiner in major construction disputes and commercial arbitration  Professorial Fellow of the University of Melbourne Law School and author on construction law  Senior Member of the NSW Commercial & Administrative Tribunal Jim Box - Probity  Conducted probity training courses since 2010  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 executive mentoring  Delivers conflict management coaching training & Leader as Workplace Coach training for Resolution Institute in Aus & NZ  Promotes conflict coaching to manage and resolve interpersonal and workplace conflict and to assist individuals with change in personal or work environments Peter Callaghan SC – Arbitration  Specialises in the construction industry (building and engineering)  Arbitrator, Supreme Court and District Court Referee and mediator  Involved in over 60 trials in the Defence Force, acting as Counsel assisting in and as President of, Boards of Inquiry

Resolution Institute Annual Report 2016

Education and training continued

David Campbell-Williams – Adjudication  Experienced as a construction lawyer  Involved in Security of Payment since 2000  Senior Fellow in Melbourne University Law School’s Master of Construction Law Programme

Bradley Chenoweth – Mediation  Mediator and facilitator of multi-party processes in commercial, organisational, community and cross-cultural settings.  Visiting Fellow to Law Schools at the Australian National University and University of Western Australia.  Senior Consultant with Dialogos, a leading global consultancy in dialogue and system transformation based in Boston, with a focus on senior executive and group development Roger Davis – Arbitration  Practising solicitor for more than 10 years and independent barrister for over 20 years  Specialises in building, construction, engineering and mining services disputes  Worked on public enquiries as counsel assisting, special investigator and royal commissioner

Rosemary Dupont – Mediation and Arbitration  Accredited mediator since 1998 and mediation trainer since 2000.  Grade 3 Arbitrator  Former IAMA Chapter Chair and Council member  Operates a commercial practice specialising in disputes involving workplace, contract, industrial relations and worker’s compensation matters  In 2014 completed a review of ADR for the ACT Magistrates Court and ACT Civil and Administrative Tribunal the recommendations of which are currently being implemented Scott Ellis – Arbitration  Practises in the areas of commercial litigation and alternative dispute resolution  Senior Sessional Member at the State Administrative Tribunal, legal panellist of the Energy Review Board (WA) and a director of the Government Employees Superannuation Board (WA)  Previous partner at Freehills 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

Resolution Institute Annual Report 2016

Education and training continued

Steven Goldstein – Arbitration  Specialised in all types of building and construction disputes  Has acted as arbitrator, mediator, District Court referee and expert determiner  Practised as a civil engineer for a number of years in Australia and overseas

Malcolm Gracie – Arbitration  Practised as a barrister since 1988 and appeared as advocate in all levels of Federal and State Courts in NSW  Specialises in building and construction law, commercial law, equity and trade practices  Arbitrator, mediator and expert determiner  Member of the NSW Naval Reserve Legal Panel Janet Grey – Arbitration  Specialises in DR in the construction industry  Architect by profession, registered with the NSW Architects Registration board  Acts as an expert determiner, mediator and conciliator and as an adjudicator

Nina Harding – Mediation  More than 20 years experience resolving business and public interest disputes  Mediated over 2,000 disputes in a variety of areas  Recognised expert in dispute resolution and complaint handling  Currently teaches at UTS; has taught at University of Hong Kong and La Trobe University

Moira Jenkins – Mediation in cases of bullying  Director of Aboto Psychology and Workplace Conflict Management Services  Adjunct Lecturer in the School of Psychology at the University of Adelaide  Published PreventingWorkplace Bullying and Harassment: A Risk Management Approach  Specialises in preventing and managing complaints of workplace bullying and harassment

Lee Panotidis – Adjudication  Specialises in on- and offshore engineering, construction and infrastructure matters  Represents clients in all forms of DR in WA and in other jurisdictions  Acts primarily for contractors, builders, developers, consultants and logistics companies

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 organisation and has 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

Resolution Institute Annual Report 2016

Education and training continued

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

Toby Shnookal QC – Arbitration  Qualified and practiced as an engineer, working in the oil industry and civil construction  More than 30 years experience in law, predominantly as arbitrator (international and domestic)  Experienced in disputes involved building or engineering technology and complex construction Gordon Smith – Arbitration  Experienced international arbitrator, barrister and solicitor and registered adjudicator in WA  Involved in complex international arbitrations under the leading institutional rules  Presented and published articles on international arbitration and engineering related topics Tim Sullivan - Adjudication  Principal in Contract Administration Group – only body authorised to issue Certificate in Adjudication in Queensland  Experienced in building and construction, commercial matters, property, franchising, partnerships, professional conduct and professional fees disputes

Anne Sutherland-Kelly – Mediation  Mediates commercial, anti-discrimination, employment, workplace, and wills and estate matters  Mediator on the Victorian Civil and Administrative Tribunal  Senior Fellow, Faculty of Law, Monash University where she teaches ADR subjects in the postgraduate program  Law Institute of Victoria Accredited Specialist in Mediation

Resolution Institute Annual Report 2016

Education and training continued

Julie Walker – Conflict management Coaching  Conflict Management 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 35 years  Extensive experience in training and development, conflict management processes, mediation, counselling, coaching and supervision in a wide variety of organisations and settings PACT Training Consultants – Restorative Justice  Resolution Institute offers Restorative Justice training in NZ  In partnership with PACT Training Consultants  Trainers Jon Everest, Everard Halbert and Anne Evans-Scott

Resolution Institute Annual Report 2016

Education and training continued

Resolution Institute mediation coaches Resolution Institute coaches assist participants to transform their theoretical understandings of mediation into implementable skills. The coaches contribute to the delivery of high quality mediation training that meets the training requirements of the National Mediator Accreditation System (NMAS). Adelaide

Melbourne

Colin Fullerton, David Jenkin, Franca Petrone, Jim Adelaide MacDonald, Keith Evans, Rick Subotkiewicz, Sylvia Huie, Thilan Legierse, Margaret Ross, Steve Adelaide Georgiadis, Greg Rooney Adelaide Auckland Anet Kate, Deb Clapshaw, Blair O'Brien, Evana Auckland Belich, Timothy McMichael, Barbara McKenzie, Bruce Cropper, Holly McGruther, Shireen Drew, Auckland Nina Khouri, Sam McLean, Kimberley Eccles, William Hursthouse, Rosmarie Brown, Ian Auckland Macduff, Trish Blythe, Gerard Sullivan, Judith Scott, Jessica Carter, Melanie O'Neill, Niall Parkes Brisbane Kira Schlusser, Lisa Frisken, Mieke Brandon, Neil Brisbane Roberts, Patrick Wedge, Stephen Eggins, Cate Banks, Tom Stodulka, Katy Russel, Penny Feil, Brisbane Teresa Brook, Christopher Bath, Janette Mulherin

Alikki Vernon, Alison Manning, Andrew Moffat, Melbourne Carole Grace, Catherine Powell, Catherine Smith, David Bryson, Debbie Sonin, Denis Liner, Ellen Melbourne Herlihy, Helen Collins, Judy Courtin, Nhi Tran, Nicole Cullen, Peter Condliffe, Peter Singer, Melbourne Rebecca French, Robyn Roberson, Susan Cibau, Susie Whillas, Ron Tiffen, Leah Walls, Jeanette Kinahan, Penny Webster, John Christo, Sally Wiencke, Jim Cingler, Marcel Alter, Ian DeLacy, Ippei Okazaki Perth Caine Chennatt, Chris Phillips, Douja Elhajj, Graham Perth Castledine, John Christo, Kerrie Harms, Margaret Halsmith, Perth Marilyn Hopkins, Peter Mathie, Lisanne Iriks, Steve Lieblich, Paul Wellington, Peter Byrne, Mike Hobley, John Fisher, Susan Leeming, Nicoletta Perth Ciffolilli, Robyn Carroll, Jill Howieson, Sarah Blake, Peter Byrne, Michael Lenney, Peter Singer

Brisbane Canberra Warren Lee, James Judge, Jennifer Devlin, Kate Canberra Price, Ken Grime, Linley Cornish, Mike Rowntree, Nigel Biginell, Stephen Herrick, Uwe Boettcher, Canberra Roz Townsend, Alex Tandy, John Sautelle, Katrina Spyrides, Jan Phillips Canberra Christchurch Anne O'Brien, Fiona Buchan-Ng, Phillippa Elliot, Christchurch John Hardie, Tracy Scott, Lyn Lockhart, Stuart Rose, Jan Avery Christchurch Hobart Christchurch Debbie Dunn, Gail Cork, Louise Cooper, Michael Hobart Stewart, Tony Newport, Anne-Marie Stranger, Deborah HobartForsyth Hobart

Sydney Alan McDonald, Alan Ogg, Alison Manning, Ashley Sydney Limbury, Bianca Keys, Caine Chennatt, Catherine Davidson, Sydney Fiona Hollier, Jane Probert, Janet Grey, Janice McLeay, Jennifer Scott, John McGruther, Judith Blayden, Justine Davis, Kathleen Dan, Linda Sydney Fisher, Louise Cooper, Lynora Brooke, Michelle de Vries, Nhi Tran, Peter Irving, Peter Singer, Philip Hart, Rebecca Burnett-Smith, Sonia Anderson, Sue Waterhouse, Susie Whillas, Val Sinclair, Victor Konijn Wellington Gabrielle O'Brien, Ava Gibson, Bruce Cottrill, Simon Wellington Roughton, Peter Franks, Paul Hutcheson, Moira Ransom, Annabel Shaw, Sue Adams, David Hurley, Wellington Ani Waaka, Leslie Ashworth-Lawson, Jennifer Parker, Jon Everest, Jane Schaverien, Judy Dell Wellington

Resolution Institute Annual Report 2016

Standards of dispute resolution practice 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.

Mediation Assessment of mediator competency

Goal Resolution Institute will facilitate and encourage practitioners to develop and enrich their standards of practice throughout their professional lives

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 2015-2016, across Australia and New Zealand, there were 270 mediator assessments conducted with 72% assessed as competent. Assessors of mediation competency Alan Mcdonald, Alysoun Boyle, Anet Kate, Anne O’Brien, Ashley Limbury, Ava Gibson, Bianca Keys, Perth Deborah Clapshaw, Gabrielle O’Brien, Gail Cork, Jeanette Kinahan, Jim Macdonald, Jon Everest, Judy Dell, Justine PerthDavis, Kathleen Dan, Kathy Tetu, Leah Walls, Linley Cornish, Lisa Frisken, Liz Halsmith, Melanie O’Neil, Mieke Brandon, Moira Ransom, Nhi Tran, Penny Webster, Peter Irving, Peter Singer, Philippa Elliot, Sharon Perth Stewart, Simon Roughton, Sue Waterhouse, Susie Whillas, Thilan Legierse, Nigel Biginell, Rosemary Dupont, Kate Price, Timoty McMichael, Trish Blyth

Mediator accreditation National Mediator Accreditation System (NMAS) Australia’s national accreditation system is aimed at providing clarity about mediation and its variants and assuring quality to users. As the threshold accreditation for DR practitioners in Australia, Resolution Institute ensures that its mediation training courses meet NMAS requirements. Resolution Institute in its role as a Recognised Mediator Accreditation Body (RMAB) accredited 311 practitioners during 2015-2016. Resolution Institute is pleased that more than 1200 members hold national accreditation, indicating that Resolution Institute members lead the way in commitment to the provision of quality DR.

In 2015-2016, Resolution Institute provided 540 role play opportunities for members for CPD

Resolution Institute mediator accreditation Resolution Institute mirrors NMAS with its own accreditation system. 1283 Resolution Institute members hold this accreditation, awarded in the past by LEADR and IAMA. LEADR accreditation continues as the major Resolution Institute accreditation system in New Zealand. Advanced accreditation recognises practitioners who with significant hours of practice and CPD attain a high level of competence, as evidenced by written evaluations and independent assessments. Resolution Institute currently has 92 advanced accredited members.

Resolution Institute Annual Report 2016

Standards of dispute resolution practice continued International accreditation through the International Mediation Institute (IMI) As the only body in Australasia able to approve mediators for IMI certifications, Resolution Institute offers an IMI Qualifying Assessment Program. This offers mediators who hold Resolution Institute advanced accreditation the opportunity to gain credentials with a global perspective. This is increasingly being recognised by global corporations seeking practitioners to provide DR services in all the countries in which they operate.

Family Dispute Resolution (FDR) accreditation In New Zealand, Resolution Institute is an Approved Dispute Resolution Organisation (ADRO) under the FDR Regulations 2013 and as such is an accrediting body of FDR providers. In November 2016 Resolution Instituteâ&#x20AC;&#x2122;s application to be reappointed for another term was approved. In Australia, FDR Practitioners are accredited by the Commonwealth Department of the Attorney General. Resolution Institute contributes to the quality of FDRP services through providing professional learning and complaints services to our 300 members who have recorded FDR as one of their practice areas in their professional profile in the Resolution Institute database.

Restorative justice accreditation Resolution Institute is contracted by the New Zealand Ministry of Justice to deliver training and accreditation for restorative justice facilitators working for Ministry contracted restorative justice provider groups. We work in partnership with PACT Training Consultants to deliver training. Over late 2015 and early 2016 Resolution Institute and PACT developed a new facilitator accreditation system which includes a restorative justice facilitator accreditation, an advanced facilitator accreditation and specialist endorsements for working with family violence and sexual violence. A total of 61 (15 in the financial year) accreditation or endorsement assessments have been completed since beginning this work in April 2016. Restorative justice assessor team Lesley Ashworth, Josie Dolan, Anne Evans-Scott, Jon Everest, Everard Halbert, Fiona Landon, Karen Perth Leuschke, Sharon Stewart Perth

Arbitration grading

Perth Institute grades and re-grades arbitrators in accordance with the Resolution Institute Policy on Resolution the Registration of Practicing Arbitrators which was adopted from IAMA as part of the integration agreement. Applicants seeking initial grading and accreditation must complete appropriate training and assessment and are interviewed by a panel of senior adjudicators in the relevant geographical chapter. Those seeking re-grading to obtain a higher grade of grade 2 or grade 1 must demonstrate continuing development and experience (including attendance at masterclasses and other CPD events). These applicants are also interviewed and assessed by senior arbitrators. Resolution Institute held three masterclasses this year, with 25 attendees in WA, 20 in NSW and 14 in SA. Resolution Institute currently has 263 graded arbitrators: 64 have Grade 1, 44 have Grade 2 and 155 have Grade 3 accreditations. During 2016 there have been seven successful applications for arbitration grading.

Resolution Institute Annual Report 2016

Standards of dispute resolution practice continued

Adjudication accreditation Resolution Institute is an Authorised Nominating Authority in all states and territories of Australia excluding Queensland (where it is a registered training organisation). Resolution Institute provides training and accreditation in line with the Resolution Institute Policy on the Accreditation and Register of Adjudicators with a number of masterclasses and special interest group meetings held during the year. During 2016 there have been five accreditations spread across several jurisdictions.

Professional learning Resolution Institute encourages members to participate in continuous professional development (CPD) to develop their understandings about DR, to enhance their practice and to maintain accreditation or grading. In 2016, Resolution Institute provided professional learning opportunities through:  Training courses – refresher courses in mediation and conflict coaching, mediation preparation, mediating workplace bullying complaints and probity services  Masterclasses – in arbitration and adjudication  Online group professional supervision for mediators and FDRPs. Six groups operated with supervisors Ava Gibson, Margaret Halsmith and Jane Schaverien  Local networking and CPD events, incorporating different formats such as panel discussions, interactive workshops, presentations and role plays. See Membership: NZ Report and Chapter reports for more information  Hosting and supporting events as professional development opportunities for members: o National Mediation Conference on the Gold Coast o Regional Arbitral Institutes Forum (RAIF) Conference and lunchtime debate as part of Sydney Arbitration Week For more information, see Cooperation and promotion of dispute resolution and Membership chapters.

Assessment of Mediator Competency In 2015-2016 in Australia and New Zealand:  Conducted 270 assessments o 72% assessed as competent (194)

Current accreditations and gradings     

NMAS Accredited Mediators - 1237 IAMA Accredited Mediators - 471 LEADR Accredited Mediators - 812 LEADR Advanced Accredited Mediators - 92 Graded Arbitrators - 263 o Grade 1: 64 o Grade 2: 44 o Grade 3: 155  Adjudicators - 148  Probity Advisors – 25

Adjudication accreditation During 2016 the following were approved:  3 WA adjudicators  2 VIC adjudicators

Grading of Arbitrators During 2016 the following were approved:  Grade 1 arbitrators – 3  Grade 2 arbitrators – 1  Grade 3 arbitrators – 3

Resolution Institute Annual Report 2016

Standards of dispute resolution practice continued

Recognising contribution to and achievement in DR Resolution Institute fosters a culture of excellence in DR practice by recognising individuals who have made outstanding contributions to and achievement in DR.

Resolution Institute appoints Ambassadors Previously known as Fellow, in November 2016 the Board announced the appointment of Ian Govey and Annabel Shaw as Resolution Institute Ambassadors for the coming two years. During the period of their prestigious appointment, Annabel and Ian will present to chapters and networking groups their insights on dispute resolution and will represent DR to the community and to government as opportunities arise. They will also assist in identifying ways in which Resolution Institute might promote its goals for the benefit of its members and the community. Ian Govey has recently retired as the CEO of the Australian Government Solicitor. Before accepting that role in 2010, Ian was the Deputy Secretary, Civil Justice and Legal Services in the Attorney-Generalâ&#x20AC;&#x2122;s Department for 10 years. In 2015 he was appointed a Member of the Order of Australia for his leadership in the provision of government legal services and for significant service to public administration and to the Law. Ian is currently a board member of the Australasian Legal Information Institute and a director and vice president of the Australian Centre for International Commercial Arbitration (ACICA). He has also contributed significantly to the work of the National ADR Advisory Council (NADRAC) in Australia. Annabel Shaw is a private mediator and adjunct lecturer at Victoria University of Wellingtonâ&#x20AC;&#x2122;s Faculty of Law, with over a decadeâ&#x20AC;&#x2122;s experience in both DR theory and practice. Annabel has practised across a wide range of processes as a provider and lawyer, including mediation, restorative justice, conciliation, arbitration and litigation. Annabel has researched and taught a broad range of DR topics including DR theory and skills, conflict management, and mediation advocacy. She has also held roles in DR policy, management and governance. We congratulate Ian and Annabel on their appointments as Resolution Institute Ambassadors for 2017-18.

Resolution Institute Fellow retires Professor Laurence Boulle commenced as the then LEADR Fellow. Laurence was appointed as Fellow in 2013 for his significant contribution to DR in his roles as chair of the National ADR Advisory Council (NADRAC) and the Mediator Standards Board (MSB) in Australia, among many others. During his term, Laurence gave seven presentations to chapters and networking groups on Minding the gaps in dispute resolution in which he reflected on the past developments and future aspirations for DR in Australia, New Zealand and overseas. It has been an honour to have Laurence as the Resolution Institute Fellow.

Resolution Institute Annual Report 2016

Standards of dispute resolution practice continued Resolution Institute Michael Klug Award presented This award was established by founding LEADR member Michael Klug to acknowledge and honour people who have made a significant contributions to DR practice. The Award inspires others to consider how they too can contribute constructively to resolving conflicts. Two recipients were presented with their awards in 2016: Professor Chris Marshall and Chris Lilleyman. Professor Chris Marshall is the Diana Unwin Chair in Restorative Justice at the Victoria University of Wellington and was recognised for his passion for conflict resolution and peacemaking, as well as his significant contribution to the development and promotion of restorative justice. Chris has published extensively on restorative justice and is an experienced restorative justice facilitator. He is an outstanding advocate for restorative approaches and has a strong vision for restorative practice in New Zealand. Chris acts as an academic advisor to Resolution Institute and the PACT team that are contracted by the Ministry of Justice to develop and deliver training and accreditation for restorative justice facilitators in New Zealand. Chris Lilleyman was awarded for his passion and perseverance for providing students with the experience of cooperative dispute resolution of legal, social and personal disputes. After many years of coordinating Mock Trial programs, Chris, as Assistant Head of Humanities and Social Sciences at Perth College, entered a founding team in the WA Schools Conflict Resolution and Mediation (SCRAM) program and has continued to do so over the 15 years of SCRAM. With a particular interest in the benefits of mediation skills, he hopes that in his role as coach, he has helped in some way to demystify the mediation process and broaden its popular understanding. As a keen believer in the notion that a robust civil society is one where citizens have a broad knowledge of and engagement with the law, Chris has sought to find opportunities for students to experience, first-hand the way the legal process operates in facilitating peaceful dispute resolution.

Law Awards Resolution Institute is continuing to sponsor the New Zealand Law Awards, Mediator of the Year Award and has recently reached an agreement to sponsor two new awards at the Australasian Law Awards â&#x20AC;&#x201C; Australian Mediator of the Year and Australian Arbitrator of the Year. These awards foster recognition of DR excellence in the legal fraternity. The New Zealand Law Awards 2016 Mediator of the Year was announced at a prestigious event recently. The awardee Sharon Stewart, highly commended Carol Powell and finalists Peter Franks, Chris LaHatte and Hayden Wilson, are Resolution Institution members.

Resolution Institute Annual Report 2016

Membership Providing membership value Refreshed membership structure and post nominals In 2016, Resolution Institute Board established a membership structure that is reflective of the newly formed organisation, draws on the membership structures of the previous organisation and is welcoming, affordable, prestigious and meaningful. The accompanying post nominals indicating membership category and accreditation or grading, provide assurance that practitioners are connected with a dispute resolution organisation of repute. Fellow FRI

Goal Resolution Institute will be the membership body of first choice for dispute resolution professionals

Has significant knowledge and experience in DR; and Holds a current Resolution Institute accreditation or grading or other DR qualification recognised by Resolution Institute; and Has made a minimum of five years significant contribution:  to IAMA, LEADR or Resolution Institute; or  the broader DR industry Retired Fellow membership is available for fellows who no longer hold a current accreditation, grading or other qualification and no longer work in professional DR practice.

Professional PRI

Works in a professional capacity in DR; and Holds either:  a current Resolution Institute accreditation or grading (or working towards one); or  other DR qualification recognised by Resolution Institute (eg. FDRP, NMAS or other)

Associate ARI

Has knowledge of and/or interest in DR; and Does not yet hold a current Resolution Institute or other recognised DR qualification; and Works in a capacity other than professional DR practice

Student

Engaged as a full time student; and Has knowledge of and/ or interest in DR; and Works part time or casually in a capacity other than professional DR practice or is not currently working; and Does not yet hold a current Resolution Institute or other recognised DR qualification

Government and not-forprofit agencies

Resolution Institute offers discounted individual membership subscription rates for NFP and government organisations with multiple members.

Post nominals for accreditations and gradings Arb 1 or Arb 2 or Arb 3 - Arbitrator grading 1, 2 or 3 Prob - Probity service provide accreditation Med or AdvMed - Mediator accreditation, Advanced Mediator accreditation Adj - Accredited adjudicator CMC - Conflict management coaching accreditation FDRP - Family dispute resolution provider/practitioner accreditation NMAS - National Mediator Accreditation System accreditation RJ, AdvRJ, RJSO, RJFV - Restorative justice facilitator accreditation, restorative justice facilitator advanced accreditation, specialist endorsement for working with sexual offending, specialist endorsement for working with family violence.

Resolution Institute Annual Report 2016

Membership continued Competitive PI and PL Following the annual review, our new provider Astute Insurance Services now offers better value and more efficiently delivered Professional Indemnity and Public Liability cover. This members-only scheme reduces the risk of claims that could potentially impact on the aggregate pool. The reduced premium and increased cover available under the new scheme has resulted in a positive response from members.  Professional indemnity insurance up to $20 million for any one claim and $100 million in the aggregate. As this is a master policy the aggregate is a limit shared by all RI policy holders  Public liability insurance (any one occurrence) up to $20 million cover  Zero excess for processional indemnity claims, $250 excess for public liability claims  Unlimited retroactive cover for your past activities  Free ‘run-off’ cover for members who retire from practising.

Total members at 30 June 2016 5000 4000 3000

2645

2814

2013

2014

4427

4288

2015

2016

2000 1000 0

Membership by category 2016 5%

4% 1%

Professional Associate 30%

Student 60%

Fellow Honorary

Membership by location 2016 1400

1308

1200 1000

846

800 564

600

505

420

298

400

182

200

TAS

INTL

0 NSW

VIC

QLD

ACT

Resolution Institute Annual Report 2016

Membership continued

Connecting to members through the website Resolution Instituteâ&#x20AC;&#x2122;s website continues to provide a one-stop source of information for our members and the DR community. In the year ending June 2016 we saw an increase in the use of our website resources. The website will be redeveloped in 2017 with streamlined navigation, refreshed visual appeal and a responsive design to ease tablet and phone access.

Page views and visitors July 2015 to June 2016 180,000 160,000 140,000 120,000 100,000 80,000 60,000 40,000 20,000 0

Traffic source overview

Pageviews Users

8% Jul - Sep 2015

Oct - Dec Jan - Mar 2015 2016

Apr - Jun 2016

37%

Search engine

55%

Direct traffic

Referring sites

Page views and visitors 2015 and 2016 600,000 500,000 400,000 300,000 200,000 100,000 0 July 1, 2014 - June 30, 2015 Users

July 1, 2015 - June 30, 2016

Page Views

Resolution Institute Annual Report 2016

Membership continued

Encouraging member professional learning RAIF Arbitration Conference 2016 In November 2016, Resolution Institute proudly hosted the annual Regional Arbitral Institutes Forum (RAIF) Conference in Sydney, bringing together arbitrators from Australia, New Zealand and the region. A talented and experienced line-up of speakers discussed the theme of Building the future of arbitration through innovation. The event was organised as part of Sydney Arbitration Week. The conference was opened by the Supreme Court Justice of New South Wales His Honour Robert McDougall. Panel sessions considered innovation in arbitration, managing costs and the potential for arbitration in family law. Guest speakers from fellow arbitral institutes in the South East Asian Region shared their views on the promotion, growth and practice of arbitration in the region, the Singapore experience and whether to litigate or arbitrate corporate disputes. A gala dinner followed the conference with the Honourable Neil Brown QC as the guest speaker.

Continuing professional development (CPD) and networking Chapter and networking events In 2016, Resolution Institute held 105 Chapter and networking events across Australia and New Zealand. More than 1,430 individuals attended these locally organised events, many attending multiple events. Resources including presentations, papers and/or podcasts from these events were published in the resources area of the Resolution Institute website.

Establishment of a Wellington Practice Group The Wellington Practice Group formed in mid-2015 to provide an opportunity for those working in DR to meet to network and discuss practice issues. Lunchtime monthly meetings are held in the Resolution Institute office with up to 20 members discussing topical issues such as building trust, dealing with lawyers, shuttle mediation, privacy and mediation, the mediated agreement, encouraging participation, preparing for mediation/conciliation, mental health considerations and co-mediation.

Resolution Institute Annual Report 2016

Membership continued

Professional information Pulse e-newsletter In 2016, we published 12 editions of our monthly newsletter Pulse. In the financial year ending June, in addition to Resolution Institute news updates, the following industry/practitioner resources were published:  239 topical articles including news items, papers, videos or podcasts across the spectrum of DR from Australia, New Zealand and internationally;  57 employment, scholarship and research opportunities;  38 Chapter event resources including papers, podcasts and presentations;  42 ‘kon gres 2015 presentations, including podcasts  Conferences, CPD and training opportunities

The arbitrator & mediator journal In this highly regarded journal, experienced DR professionals provide articles and case notes which enable practitioners to deepen the understanding of their own practice area while broadening their understanding of others. The journal has been published in December 2015 and in December 2016.

Communications review We are planning a review of our approach to communications. The review will include an assessment of member information needs and preferences and the extent to which our current communications meet these needs. The review will also include consideration of our current regular communications – including Pulse, Keeping you Informed, Chapter event notices, website (homepage) and social media.

Resolution Institute Annual Report 2016

Membership continued

Engaging with members Member surveys More than 10% of members completed an online survey in August 2016 about the challenges and opportunities they face in developing their own DR businesses. This provided invaluable data for deciding services that will be of value to members and in contributing to Resolution Institute’s strategic planning.

Members shape Resolution Institute ‘voice to government’ Resolution Institute has invited member comments on:  Victorian Department of Justice and Regulation’s Access to Justice Review Background Paper on Alternative Dispute Resolution  BCISOP Act SA and BCISOP Act NSW  Farm Debt Business Mediation Bill (QLD) 2016  Retail and Commercial Leases Act (SA)  Variations to NZ Retirement Villages Code of Practice  Changes to Family Dispute Resolution in NZ Members’ practical experience of government schemes helps Resolution Institute submissions to be relevant and practical.

Members contribute to strategic planning From October-December 2016, Resolution Institute engaged in strategic planning for the next three years. Randomly selected members drawn from differentiated member profiles were invited to contribute to focus group discussions to identify core issues and generate potential program and service responses. This was followed by senior Australian and New Zealand members working alongside Directors and staff over two days to debate issues relating to the future of DR, the identity of Resolution Institute and the nature of the services appropriate to the changing DR landscape and the emerging needs of members and the community. We anticipate that the Strategic Plan will be made available in early 2017.

Resolution Institute Annual Report 2016

Membership: New Zealand

New Zealand Committee report 2016 in review The New Zealand Committee has continued to meet regularly to share insights into sector happenings and member needs and views. The activities of the New Zealand Committee have been varied over a number of areas. During the course of the year Anna, Anja, Rachel and Judith formed a working group to assist with a range of Elder Mediation initiatives. Working group members were involved with Resolution Institute submissions in relation to the Retirement Villages Code of Practice, developing and running elder mediation training and liaising with stakeholders in the retirement/aged sector.

2016 NZ Committee Mark Beech Chair Dene Bannister Jon Everest Tim Holton Anja Klinkert Rachel Lohrey Melanie Oâ&#x20AC;&#x2122;Neil Carol Powell Anna Quinn Sarah Ramsay Judith Scott Sharon Stewart Catherine Cooper

New Zealand Committee members have continued with fostering networking and professional development meetings around New Zealand in Auckland, Wellington, Hamilton, Christchurch and Dunedin. There were 9 events in Auckland, 8 events in Wellington, 5 events in Hamilton, 2 events in Christchurch and 6 events in other locations. There has been considerable involvement in the organising committee of the New Zealand Global Pound Conference. It is also a pleasure to see one of our former New Zealand Committee members, Annabel Shaw, be appointed as an ambassador for the Resolution Institute. Annabel is chairing the local organising committee of the New Zealand Global Pound Conference. As part of broadening our training offerings, two of our committee, Anna and Carol, have created a training course for young lawyers on strategic engagement with clients in planning for mediation. The New Zealand Committee remains proactive in providing a strong link with the Board and supporting the General Manager, New Zealand. As a reflection on the year, Resolution Institute has been very proactive in the developing and implementing the new restorative justice training and accreditation systems and for advocating for improvements to FDR in New Zealand. That involvement is a credit to members of the New Zealand Committee, and to GM, NZ, Catherine Cooper and the team in the Wellington office. I take this opportunity to thank the members of the New Zealand Committee. I appreciate that their volunteer participation comes at a time cost. I am grateful for the support that you have shown to me as your convenor, and to Resolution Institute. I wish the members of the New Zealand Committee, the office staff and the membership at large a very enjoyable Christmas break.

Mark Beech Chair, New Zealand Committee

Resolution Institute Annual Report 2016

Membership: New Zealand continued

New Zealand networking and professional development events

2016 Networking Coordinators Auckland Kylie Head Kimberley Eccles Mark Kelley Wellington Sarah Ramsay Hamilton Melanie O’Neil Brendan Cullen Tauranga Sharon Stewart Palmerston North Rachel Lohrey Christchurch Tim Holton Dunedin Anja Klinkert Wellington Office Kathy Broad network meeting co-ordinator

Members organise networking and professional development events which provide opportunities for local DR colleagues to get together to socialise and hear from speakers on a range of topics. In some locations members collaborate with other practitioner groups to bring together local practitioners. Networking event topics Feb

Auckland: Raising commercial mediation from the bottom of the cliff Paul Sills

Wellington: Perceptions of fairness in public and private sector ombudsman schemes Naomi Creutzfeldt

Wellington: Effective and contemporary ways of using conflict resolution Paul Hutcheson

Mar

Networking event topics July

Auckland: Who in the zoo are you? Communicating with a difference

Pele Walker

Ngaio Merrick

Wellington: Elder mediation

Wellington: The law and investigation: does it get in the way, or help to get it done?

Anna Quinn

Andrew Scott- Howman

Hamilton: Stories from an employment mediation

Family distortion resolution 2 years on

Geoff Kay

Apr

Auckland: Should mediation be the first step in all family law proceedings Joe Harman

May

Auckland: Cross cultural mediation: Experience from the Human Rights Commission

Melanie O’Neill, Susan Ewan, Jim Berkett and time Clarke

Sep

Auckland: Accessing of the child’s voice in family dispute resolution

Wellington: Exploring mediator expertise

Jill Goldson and Nicola Taylor

Barbara Wilson

Wellington: Reflections on 25 years of mediation

Auckland: Negotiation skills in facilitating the final agreement Trevor Slator

David Hurley

Oct

Auckland: Collaborative practice – creating opportunities within NZ dispute resolution

Nov

Palmerston North: Planning 2017 networking

Selina Trigg, Kirsty Swadling and Deborah Sim

Hamilton: ADR in resource consent disputes Judge Melanie Harland

Christchurch: Creative use of mediation practice – an opportunity on building your practice Carol Powell and Anna Quinn

June

Auckland: An evolution of commercial mediation in NZ Hayden Wilson

Wellington: The role of ADR in organisational change and development Gabrielle O’Brien

Christchurch: Fostering local networking Tim Holton

Dunedin: Working with high conflict patterns Carol Powell

Dunedin: FDR provider meeting Carol Powell

Dunedin: Creative use of mediation practice – an opportunity to reflect on building your practice Carol Powell

Resolution Institute Annual Report 2016

Membership: NSW Sydney Chapter

Sydney (New South Wales) Chapter report Developing a new Chapter structure In May 2016 NSW Sydney members formed three Special Interest Group (SIG) Committees to respond to the broad spectrum of member needs and to expand the NSW Sydney Chapter. The three SIGs hosted 305 members and guests at 17 professional development and networking events held from February to November in 2016. c Feb

Determinative SIG event topics

Determinative SIG

Effective use of Med-Arb

The underlying focus of the Determinative SIG Determinative SIG has been Committee to plan, coordinate and Philip Martin Treasurer conduct determinative Jim Bailliee Secretary Charles Brannen dispute resolution activities Melissa Ceccato for Resolution Institute in Peer Dalland NSW to satisfy the Norman Fisher accreditation CPD and Graeme Robinson training requirements of the Bill Taylor Steve White Resolution Institute Rules for accreditation of determinative practitioners. Our SIG committee has held monthly meetings focused on achieving these outcomes.

Alan Limbury

June

Adjudication discussion evening David Campbell- Williams and Charles Brannen

Jul

Resolving Information Technology and Telecommunications (ITT) Disputes Steve White

Aug

Different ways that Dispute Boards deal with disputes Peer Dalland, Barry Tozer and Steven Goldstein

Oct

Arbitrators masterclass 2016 Peter Callaghan SC, Malcolm Gracie and Janet Grey

Nov

Expert witnesses The Hon. Justice Robert McDougall

Adjudicators masterclass David Campbell-Williams and Tim Sullivan

We were very fortunate to have many stimulating Forums during 2016. Highlights included a forum on Intellectual Property and IT, a discussion on Dispute Avoidance Boards and His Honour Justice McDougall presenting on expert evidence. Arbitration week in November saw Resolution Institute host and participate in several activities including the Regional Arbitral Institutes Forum Conference. While we have traditionally had a construction sector focus, this has been broadened and 2017 is planned to be an even more active year than 2016, with speakers who can enlighten attendees from their practical experience of determinative ADR matters.

Resolution Institute Annual Report 2016

Membership: NSW Sydney Chapter continued

Jan

Facilitative SIG event topics

Facilitative SIG

The psychology of conflict

A number of members Facilitative SIG responded to the call for Committee initial expressions of Alan Field interest to participate in the Robyn Greaves formation of the Committee Joshua Grew Chris Pitts of the Facilitative Special Sandra Walden Pearson Interest Group (FacSIG) in March 2016. The Committee was formed as shown above with Gerri Ettinger subsequently replaced by Yula Blecher.

Paul Randolph

Apr

Enduring conflict: What can be achieved and how Phillip Hart

Jun

Merger negotiations: When collaboration turns to combat Debbie Jamieson

Aug

Complex DR practices from the remote NT outback Ippei Okazaki

Oct

P.E.A.C.E in mediation Mick Symons

Nov

Early dispute resolution Jennifer Scott

Discussions at our meetings has broadly covered matters such as our structure, meeting and event formats, potential event speakers, future themes, future event structures and event planning, and reviews of previous events. More recently we have considered how we may contribute more effectively to Resolution Instituteâ&#x20AC;&#x2122;s aims in the context of delivering value adding CPD events, further marketing of the aims of Resolution Institute, co-ordination of NSW events overall, and cohesion in Resolution Institute messages. The attendance levels at all of our meetings and the discussion which followed each of the six presentations during 2016 indicated a high level of interest in both the subjects and the speakers. The feedback from the attendees indicates that our members appreciated the subject matter and the type of format provided by this type of SIG networking opportunity. We plan to have more speakers with varied topics and differing styles of presentation at the events we organise in 2017.

Resolution Institute Annual Report 2016

Membership: NSW Sydney Chapter continued

FDR SIG This newly formed Committee held our first meeting in May 2016 and initially comprised Paula Bruce and Lucinda Aboud. Later in the year we were joined by Val Sinclair.

FDR SIG Committee Lucinda Aboud Paul Bruce

Our main focus has been to plan speaking events we think will be both interesting to FDR Practitioners and also further their professional development. Our role to date has been to arrange for speakers to present in the Resolution Institute Rooms. We issued two general invitations through Pulse to encourage members to present on a specialist FDR topic. The talks provide members with the opportunity to get together regularly, hear a variety of relevant speakers and engage in discussion at the pre talk drinks and during question time. We have, for the first time, approached the Law Society to notify their members of our events. In 2016 we arranged three talks which have all been very well attended. FDR SIG event topics Jun

Evaluative mediation in financial FDRP cases Paul Lewis

Aug

Tension between the courts and the confidentiality of DR processes Judge Joe Harman

Sep

Mediation over the web – the theory and the practice Rebecca Burnett-Smith

Paul Lewis spoke on the evolution of mediation in Family Law. In particular he spoke about the process of evaluative mediation in financial cases in Family Law which rose to prominence in 2012 when the Family Law Settlement Service was piloted by the NSW Law Society, NSW Bar Association and Court Registries at Sydney and Parramatta.

Judge Joe Harman spoke about Confidentiality in Family Dispute Resolution. His Honour spoke about the tension between the courts and the confidentiality of dispute resolution processes. The session also explored the existing structures for protection for mediation confidentiality considering the pros and cons of reducing the existing protection for mediation confidentiality. Rebecca Burnett-Smith spoke about the different types of mediations in children’s matters in particular online mediation using Zoom. Zoom is a video conferencing tool, which can be used to conduct a mediation. Attendees engaged in lively discussion about the advantages and disadvantages of this type of mediation model. Our next event, to be held in early 2017, will be a presentation by Janet Loughnan of the Women’s Legal Service on domestic violence. We have asked her to comment on the proposed 5 step plan for ‘Safety First in Family Law ‘. We look forward to working with a larger committee in 2017.

Joint collaboration In organising their activity, the members of the three SIGs also attended joint meetings. At the end of the year, the three Special Interest Groups celebrated the achievements of the year at an event generously hosted by Colin Biggers & Paisley Lawyers. Thanks to the three SIG Committees who provided the information combined in this report.

Resolution Institute Annual Report 2016

Membership: NSW Newcastle Chapter

Newcastle (New South Wales) Chapter report Increased attendance The Newcastle committee successfully organised a number of events for members in the region. There have been regular committee meetings to plan these events and discuss future needs and ADR community interests. We have had increasing attendances at our events and it has been very pleasing to note a diversity in our attendees who all bring useful and different perspectives to our discussions. Our aim is to provide affordable sessions for local mediators. Sessions provide valuable information to members and attendees and also provide opportunities for mediators to mix with each other and form collegial bonds.

2016 Chapter Committee Felicity Wardhaugh President Georgia Seaton Vice President Kathy Tetu Secretary Jennifer Drennan Treasurer Anne Ardagh Ron Dunsire Stephen Matchett Lyn McLardy John Woodward

A highlight of the year was the ADR Forum in August which attracted more than 50 attendees. It is a significant undertaking for the Chapter and is an opportunity for members to obtain as many CPD points as possible in one day. Dr Dale Bagshaw spoke about Elder mediation: opportunities and challenges, the Honourable Justice Robertson Wright presented about A New Approach to Civil Disputes and Professor Tania Sourdin spoke about Triaging and difficult behaviours. Jennifer Drennan identified the differences and similarities between mediation and conciliation in the first session for the year in April. Kathy Tetu and Felicity Wardhaugh facilitated a skill-based workshop on conducting private sessions in mediation. Val Sinclair rounded off our CPD calendar with a presentation on workplace mediation. The committee would like to thank all the presenters sincerely who have generously given of Apr Conciliation – isn’t that just mediation? their expertise and time to prepare and present our Jeniffer Drennan June Conducting private sessions in mediation seminars and in some cases travel to Newcastle. Committee members The seminars have been well attended by a diversity Aug ADR Forum | Apply Develop Relate of people in various fields of ADR from the local Dr Dale Bagshaw, The Hon. Justice Robertson Wright and Professor Tania Sourdin community. Our Forum was attended by many Oct Workplace mediation – what is best practice? practitioners from Sydney and regional areas. We Val Sinclair would also like to thank Margaret Stewart, manager Nov Annual meeting and end of year cheer and the staff of the Family Relationship Centre for providing the venue for three of the above events and accommodating us graciously. Thanks also to Mark Hodgson, who has assisted us with events for Forum and other seminars. Chapter event topics

Finally, whilst it is sometimes unwise to single out certain people for fear of offending others, the tireless efforts from Kathy Tetu, our Secretary in writing our minutes and marshalling us into order should be recognised. Jennifer Drennan has also brought a refreshing approach to being Treasurer by being so pro-active. Having finished a successful year, we look forward to 2017 in the hope that we can improve even further. Felicity Wardhaugh Chair, Newcastle Chapter Committee

Resolution Institute Annual Report 2016

Membership: Queensland Chapter

Queensland Chapter report

2016 Chapter Committee

Year of consolidation During 2016, the Queensland Chapter of Resolution Institute has worked to consolidate Resolution Institute's brand in Queensland, with fresh opportunities arising for our members. Queensland's Attorney General, the Hon. Yvette D'Ath, addressed our members in May, at our inaugural Breakfast Seminar Meeting. The breakfast provided a unique opportunity for our members to discuss DR with the Attorney General, and explore new opportunities to promote DR throughout the State. The Attorney General encouraged us to develop and deliver a submission for the development of a Queensland Dispute Resolution Centre. Your committee is working with Queensland Law Society and other key stakeholders to develop a compelling submission. Chapter event topics Apr

DR in the land court Carmel MacDonald and Graham Smith

May

Breakfast with Queensland’s AG The Hon. Yvette D’Ath

Nov

Annual meeting and end-of-year cheer with presentation: Negotiation under the shadow of domestic violence

Karyn Readon Co-Chair Natalia Wuth Co-Chair I-Ching Tseng Logan Campbell 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 Graham Cox Paul Coves Amanda Molomby David Shuker

In September, the National Mediation Conference convened at the Gold Coast, providing our mediator members the opportunity to learn from international mediation and negotiation leaders.

In April, Carmel MacDonald and Graham Smith informed our members about the innovative DR approaches in the Land Court, and explained how this has facilitated resolution of different types of disputes in that court. Dr Rachael Field

Once again, Resolution Institute sponsored the AAT Negotiating Outcomes on Time (NOOT) competition in Queensland. Committee member Maria Graham addressed the eleven teams of Queensland law students that took part in the competition and presented Resolution Institute mediation courses as the prize to the Griffith University winning team. As part of our Annual Meeting gathering, Dr Rachael Field presented about the challenges raised when negotiating in domestic violence situations and shared valuable strategies identified through her research in this area. We acknowledge and sincerely thank those Committee members who have actively contributed to advancement of the Queensland Chapter’s purpose and network of events and look forward to the contribution by the newly elected committee for 2017. Karyn Reardon Co-Chair, QLD Chapter Committee

Natalia Wuth Co-Chair, QLD Chapter Committee

Resolution Institute Annual Report 2016

Membership: South Australia

South Australia Chapter report Year in review The Committee looked at how best to serve members in SA in a manner that complied with our obligations under the Constitution â&#x20AC;&#x201C; namely to arrange CPD events and to promote the use of ADR. We needed to have a model that included both determinative and non-determinative ADR disciplines and looked at the functions and operation of the Committee that would provide this in the most suitable manner. We plagiarised the Victorian Committee guidelines with the approval of Joint Chair Toby Shnookal and introduced a relaxed formal structure and process for meetings and activities. We also revised the fee structure for CPD events so that we could have consistency and allow for the accumulation of funds to support member functions, like the end of year gathering or some networking events. Chapter event topics Mar

Exploring the Mediatorâ&#x20AC;&#x2122;s Emotions: Staying cool when the situation heats up Margaret Ross

Apr

The key requirements for contract formation Nick Floreani

May

Ethics in Mediation Geoffrey Humphries

Jul

Nonviolent Communication Workshop Shari Elle (the Communications group) & Bevan Bates

Panel discussion regarding the proposed amendments to the Building and Construction Industries Security of Payment Act 2009 Jeanie Elliott, Jo Rebuli and John Vozzo

Aug

Empathy in Mediation Pt 1 Karen Osborne

Arbitration Masterclass David Egarr, Andrew Robertson, Toby Shnookal

Oct

Empathy in Mediation Pt 2 Karen Osborne

Nov

Annual meeting and end-of-year cheer with presentation: Restorative Justice Leigh Garrett Adjudication Workshop Andrew Robertson

2016 Chapter Committee Deb Black Chair Max Franchitto Deputy Chair Kerrie Davis up to April Secretary Graham Andrewatha Bevan Bates Ruth Beach David Egarr Geoffrey Humphries Robin Matters Karen Osborne Andrew Robertson Ali Shaw

We then decided that we needed to know what it was our members expected from us so we drafted a short survey. Unfortunately due to some minor delays in dissemination it went out to members later than expected. When the results arrived, they reinforced for the Committee that the services and work that members would like, gelled with what Committee members had discussed and were putting in place. The standout was that our SA members would like more networking and business opportunities. We are pleased that we have begun a program that will deliver on that expectation. In order to ensure certainty for CPD venues we had discussions with Charlie Belperio of Belperio Clarke and through the national office formalised a 12month sponsorship arrangement that provides CPD venue and refreshments. This arrangement does not exclude other organisations from providing sponsorship for events. Our Chapter Committee member Andrew Robertson has regularly facilitated Piper Alderman sponsoring meeting

facilities and other CPD functions. Your Committee members were extremely busy this year, we have held 11 CPD events by the end of November, including a speedily organised consultation session regarding the proposed changes to the Building and Construction Industry Security of Payment Act 2009, the local Arbitration Masterclass, coordinated and run by Andrew Robertson and David Egarr with Grade 1 Arbitrator Toby Shnookal from Victoria presenting. Interestingly many of our attendees at this event were from interstate.

Resolution Institute Annual Report 2016

Membership: South Australia continued David and Andrew also joined me for a lunch with the new intake of Arbitration students at Adelaide University and later conducted the Arbitration workshops with the students as part of their curriculum. Robin Matters and Ali Shaw have worked together identifying major industry associations and groups that can invite their members to have Resolution Institute present information to on DR and promote DR practice in SA. We already have 10 CPD events pencilled in for next year and are hoping to cover off on alternating determinative and non-determinative subjects. With this ambitious project in mind Ali and Robin met with the SA Small Business Commissioner and arranged an information session for business on DR. We ran this session as a Panel – a mediator, an arbitrator and an adjudicator responding to a "conflict” within the building industry. Thanks to Ali, Andrew and Colin as panel members and Robin as timekeeper. The feedback to the SASBC has been so positive that we are exploring taking an abbreviated version along for the SASBC regional visits. Next year we hope to run similar Panel information sessions with industry groups like AIG, REISA, HIA, MBA, Business SA amongst others. Ali has also been busy making connections with the University Law Student Associations and recently represented Resolution Institute at an information evening on career options outside of pure law. Committee member Ruth Beach launched the Mediation information service at the Magistrates Court – this has been a project that Ruth has been working on for some time now and it has proven so successful that it will soon be expanded.

Deb Black Chair, SA Chapter Committee

Resolution Institute Annual Report 2016

Membership: Victorian Chapter

Victorian Chapter report 2016 in reflection The Victorian Chapter is a vibrant and thriving community of DR practitioners and 2016 has proven to be another busy and engaged year. With 834 members (2015), Victoria has the Resolution Institute’s second largest membership base. The Chapter CPD Program not only provides significant opportunities for learning, knowledge exchange and practice development but also for the development of collegiate relationships. Given many of our members are sole practitioners this provides a vital connection and support network.

2016 Chapter Committee Jeanette Kinahan Co-Chair Toby Shnookal QC Co-Chair Ellen Herlihy Treasurer Michael Heaton QC Secretary Anne Gallo Statutory SIG Convenor David Thyer Adjudication SIG Convenor Wayne Harbor Mediation SIG Convenor Donna Ross Arbitration SIG Convenor

Our Chapter Committee for 2016 comprised Jeanette Kinahan and Toby Shnookal (Co-Chairs), Michael Heaton (Secretary), Ellen Herlihy (Treasurer) and the four Special Interest Group (SIG) Conveners; Anne Gallo, Wayne Harbor, Donna Ross and David Thyer. Together with the 44 members of the SIG Committees, the Chapter hosted 295 members and guests at 20 professional development and networking events. Our year culminated with our Annual Meeting hosting the Hon Jeff Kennett as our guest speaker. Chapter event topics Mar

The broader context of workplace conflict Tom Pagonis and Tony Fell

An introduction to arbitration Neil Kaplan CBE QC SBS

Adjudication discussion Jeremy Twigg QC

Apr

Creative ways to manage complex disputes Geoff Browne and Gina Ralston

The Australian arbitration framework May

Dr Benjamin Hayward

Special Interest Groups (SIGs)

Writing an enforceable adjudication determination

Mediation and Facilitation SIG - Wayne Harbor, Convener This SIG Committee was formed to foster knowledge and build networks for a broad mediation and facilitative dispute resolution community and in 2016 the Committee hosted CPD and networking opportunities to achieve this. In 2017, the SIG is planning an expanded calendar to include events for FDR, the business of mediation and exploring what is new in facilitative DR.

Jeremy Twigg QC, John McMullan and Toby Shnookal QC

The arbitration agreement and the jurisdiction of the arbitrator Dr Ozlem Susier, Donna Ross, Mel Schwing

June

We would like to acknowledge and thank all the members of the 2016 Committees – without whose voluntary contributions of time, energy and expertise, our program of events would not have been possible. Our thanks are also extended to our event speakers and hosts for their contributions. We also extend our thanks to the national office team who supports our operations ‘behind the scenes’.

Recent developments in arbitration, at home and abroad The Hon Justice G. John Digby

Meet building & construction industry legal and other representatives Recent developments and future directions for Resolution Institute and adjudication in Victoria Fiona Hollier and Belinda Cachia

Thank you to all Committee members for their contribution over the year. Thank you, also, to Victoria University and the Law Faculty for hosting our meetings.

Resolution Institute Annual Report 2016

Membership: Victorian Chapter continued Arbitration and Determinative DR SIG - Donna Ross, Convener 2016 was a very fruitful year thanks to the hard work of all our SIG Committee members delivering on our 2016 – 2017 CPD programme. The sessions were categorised as either Nuts-and-Bolts or Practitioners’ Series. The topics and speakers attracted those new to the profession as well as the more experienced. Thank you to HFW, Baker & McKenzie and La Trobe University School of Law for hosting several of our events and Chancery Chambers for hosting our meetings. Adjudication SIG - David Thyer, Convener Thank you to all members of the Adjudication SIG Committee for their hard work throughout 2016. The Committee would also like to acknowledge the support provided by the National Office, in particular Belinda Cachia who delivered a successful ‘showcase’ event for Melbourne’s legal community in June, as well as its assistance with the introduction of a new fixed-price adjudicator fees scheme – from which all Resolution Institute adjudicators will benefit. Thank you, also, to Alan Chuck for his assistance in organising events held at the Uniting Church Hall in Hawthorn and Minter Ellison and Gadens for their support in sponsoring events.

Jul

How the public transport ombudsman resolves complaints Treasure Jennings

To coach or not to coach, that is the question? Coaching as a strategy in dispute resolution Jeanette Kinahan, Pauline Grant and Catherine Powell

Aug

The preliminary conference and directions hearings Professor John Sharkey AM

Correctly applying the slip rule in adjudications John Murray AM

Sep

How conflict literate are you? Olivia Davis, Alice Bradshaw, Lola Akin Ojelabi and Jennie Pakula

Oct

Evidence in arbitration The Hon. Kenneth M. Hayne AC QC

The adjudication and arbitration processes: could or should they be combined? Nick Rudge, Tim Margetts QC and Chris Burton

Adjudication and arbitration panel discussion Nick Rudge, Time Margetts QC and Chris Burton

Tools for mediators Nussen Ainsworth, Rebecca Cameron and Donna Ross

Nov

Annual meeting and end-of-year cheer with presentation: Common sense – the quickest and cheapest way to resolution The Hon Jeffrey Kennett AC

Differences in adjudication along the Eastern seaboard Michael Heaton QC

VIC SIG event: Adjudication discussion group Michael Heaton QC

Dec

VIC SIG event: Arbitration for the resources industry

Statutory DR SIG - Anne Gallo, Convenor Leah Ratcliff Thank you to all past and present members of the Statutory DR SIG Committee for their contributions during 2016. The CPD program, shared with warmth and humour, brought insight into sector as well as the challenges and ideas on ways to assist the community in resolving disputes. The events received positive feedback from members - providing the SIG with inspiration to continue our work. We wish the 2017 Committee success in continuing to fulfil the SIG objectives.

Transitioning from 2016 to 2017 Committees 2016 draws to a close our integration Chapter Committee transition arrangements and opens all Committee positions to members. A more streamlined Chapter Committee comprising the 4 elected SIG Conveners will be the result. A Chapter Chair and Treasurer will be chosen from the SIG Conveners at their first meeting. In preparation for this handover, the 2016 Chapter Committee refined the Chapter Protocols and developed report formats and event documentation to ensure the smooth and efficient running of the Chapter. Copies of all Victorian Chapter governance documents can be found on the Chapter page of the Resolution Institute website.

Resolution Institute Annual Report 2016

Membership: Victorian Chapter continued

2017 at a glance The four Chapter SIGs will continue offering professional development and networking for members and the dispute resolution community in Victorian in 2017 comprising:    

Mediation and Facilitative Dispute Resolution Arbitration and Determinative Dispute Resolution Statutory Dispute Resolution Adjudication Dispute Resolution

The Constitution of the Resolution Institute (Dec 2015) also provides for additional groups to be established by members. If you have an idea, and the energy to establish another SIG in Victoria – perhaps in a regional location, please talk to the Chapter Chair about how this can be established.

Farewells and thank you The Chapter relies upon the voluntary contributions of members to facilitate CPD. Committee members contribute significant time and expertise and do so with humility. The following Committee members are leaving the Committee at the close of the 2016 CPD year – luckily all will remain active members of Resolution Institute, the Victorian Chapter and the DR community.

Jeanette Kinahan is leaving the Victorian Chapter Committee after five years of service: two years as Co-Chair following LEADR and IAMA integration and three previous years as Vice Chair and then Chair of the Victorian Chapter of LEADR. Jeanette was elected to the Board of the Resolution Institute in 2015 and will continue in this role.

Toby Shnookal is leaving the Victorian Chapter Committee after four years of service: two years as CoChair following LEADR and IAMA integration and one year as Chair of the Victorian Chapter of IAMA (and Board Member). Toby will continue on the Resolution Institute’s National Determinative Committee.

Ellen Herlihy is leaving the Victorian Chapter Committee after four years of service: two years as the Victorian Chapter Treasurer following LEADR and IAMA integration and two years as the Vice Chair of the Victorian Chapter of LEADR.

Anne Gallo is leaving the Victorian Chapter Committee after a year as the Convener of the Statutory DR Special Interest Group.

Jeanette Kinahan

Toby Shnookal

Co-Chair, Victorian Chapter Committee

Resolution Institute Annual Report 2016

Membership: Western Australian Chapter

Western Australia Chapter report Another busy year It’s been another busy year for the Western Australian Chapter! It’s been great to see the level of support shown by members to the many Chapter events that have taken place during the year, with large numbers attending the Networking and other events coordinated by the Chapter Committee. It was also very encouraging to have a number of new members come forward to join the Chapter Committee this year and we’d like to thank them and our committed longer term members for their enthusiasm and engagement during 2016. Once again, Jackson McDonald has provided invaluable support to the Chapter this year and the firm’s cooperative approach and generous access to its excellent facilities for our meetings and events is much appreciated. We’d also like to acknowledge the support provided to the Chapter by Resolution Institute staff – we value their assistance in helping us to maintain an active calendar of events for members.

2016 Chapter Committee Graeme Anstee-Brook Michael Charteris John Christo John Dunne Scott Ellis Phil Faigen John Fisher Barry Green Jack Gregor Margaret Halsmith John Hockley Laurie James Barbara Kwiecien Kevan McGill Mike Murrey Karene Primrose Graham Rabe Alex Robinson

Networking & Chapter events The Chapter’s series of Networking events has continued to see members from across the various ADR streams come together, to meet and engage with each other as well as hear some very interesting presentations! In March, Linda Kochanski, from Bond University, spoke to members about confidentiality as a professional dilemma, exploring the diverse views that exist in the DR arena. At the event in May, timed to coincide with Law Week 2016, the Chapter Committee was very pleased to have the opportunity to present the Michael Klug Award to Chris Lilleyman in recognition of his commitment and contribution over many years to the Schools Conflict Resolution and Mediation [SCRAM] program. Members and invited guests at this event also had the chance to learn more from Elizabeth McNally, from Herbert Smith Freehills, about the Global Pound Conference series, including the Sydney event in the series being hosted by Resolution Institute in 2017. Dr Pat Saraceni, from Clifford Chance, gave an interesting presentation on Mediation and Arbitration at Sea in July, discussing trends in ADR, both generally and more specifically in maritime law. And in September, Isla McRobbie and Matthew Lang, from Jackson McDonald, gave members an insight into how new laws on "unfair terms" will impact on standard form contracts. We concluded this series of events for 2016 with a presentation by Prof Robyn Carroll, from UWA, who explored the topic of Apologies, Mediation and the Law at our Chapter Annual Meeting in November.

Resolution Institute Annual Report 2016

Membership: Western Australian Chapter continued

Feb

Chapter event topics

Determinative and facilitative events

Determinative forum

As well as the Networking events, a varied and busy program of determinative and facilitative themed events has also continued this year. The Determinative Forums have been very well supported by members and those sessions which have included panel discussions on topical arbitration and adjudication issues have featured lively interaction!

Chair: Greg Steinepreis

Mar

Confidentiality: A professional dilemma Linda Kochanski

Apr

Mediation Colloquium: How can communication profiling help in dispute resolution? Michael Hobley

Issuing s601 certificates - the challenges Kerrie Harms and Ruth Reader

Determinative forum: Can the prevention principle nullify contractual entitlements? Hugh Davis

May

June

WA Law Week event: Presentation of Michael Klug Award to Chris Lilleyman followed by CPD on the Global Pound Conference by Elizabeth Macknay Mediation Colloquium: When is mediation not mediation? Linda Kochanski, Mieke Brandon and Margaret Halsmith

Understanding the complaints handling process Margaret Halsmith

Adjudicators masterclass Lee Panotidis

Jul

Mediation and arbitration at sea Dr Pat Saraceni

Aug

Determinative Forum: The decision in CMA v John Holland Gordon Smith

Sep

New unfair contracts legislation Isla McRobbie and Matthew Lang

Oct

Mediation Colloquium: Before mediation Lisanne Iriks

Adjudication Workshop: Proposed changes to the Construction Contracts Act 2004 (WA) Lee Panotidis, Laurie James and Stephen McComish

Nov

Annual meeting and end-of-year cheer with presentation: Apologies, mediation and the law Robyn Carroll Joint event: End of Year Discussion: Construction Law 2016

As well as the Determinative Forums, an Adjudication Masterclass and workshop have been held this year, in June and October respectively. At the recent workshop, Chapter members and guests were able to discuss with an expert panel, the outcomes of the Evans review of the Construction Contracts Act and the Governmentâ&#x20AC;&#x2122;s response. The Mediation Colloquia this year have included a highly interesting and interactive presentation by Mike Hobley on communication profiling in dispute resolution and an expert panel discussion on the question When is Mediation not Mediation? â&#x20AC;&#x201C; a very well attended event which again prompted lively debate! More recently, an interesting session has been presented by Lisanne Iriks on research she carried out with Jill Howieson to explore what happens before mediation.

WADRA & SCRAM The WA Chapter has continued to participate in the Western Australian Dispute Resolution Association this year and to support SCRAM.

A number of Chapter members were actively involved in the SCRAM program this year, which culminated in the Grand Final event in September, held for the first time in the excellent facilities of the Supreme Court. The Chapter was also pleased to present the prizes donated by Resolution Institute to the competing schools, Margaret River High School and Perth College, at this event.

Thanks to Laurie James and Karene Primrose for their input in this report collated by staff member Helen Goddard.

Resolution Institute Annual Report 2016

Membership: ACT, NT and Tasmanian Chapters

Activities in Australian Capital Territory, Northern Territory and Tasmania A number of events were held in the Australian Capital Territory, the Northern Territory and Tasmania during 2016.

Apr

NT events

Northern Territory

Resolution Institute: a value driven membership organisation

In the Northern Territory, CEO Fiona Hollier met members to share information about Resolution Institute and discuss networking and CPD opportunities in Darwin.

Fiona Hollier

Aug

Mediation is an innovation process Bradley Chenoweth

Mediation trainer Bradley Chenoweth presented on Theory U and its relationship to the mediation model at another event in August.

Tasmania In Tasmania, leading mediation practitioner and international trainer Anne Sutherland-Kelly held a fireside conversation with members on The mediation diamond – a mediator’s best friend?

TAS events Aug

Mediation discussion evening Anne Sutherland- Kelly

Nov

Resolving workplace conflict Jeanette Kinahan

Awarded and internationally credentialed personal injury management practitioner and a work health, safety and wellbeing specialist, Resolution Institute Board Director Jeanette Kinahan spoke about Resolving workplace conflict as part of the Annual Meeting and end of year celebration.

Australian Capital Territory

ACT event

The ACT Chapter Annual Meeting provided the opportunity for a special presentation on the use Linda Crebbin of ADR in the Courts by Linda Crebbin, President, ACT Civil and Administrative Tribunal. It was also an occasion to meet Philippa Spence, new ADR Manager of the Magistrates Court. Nov

Use of ADR in the Courts and ACAT

At the same meeting local member Jenny Devlin was recognised for her achievements in creative adaptation of DR to meet specific needs by presenting her with Resolution Institute’s Practitioner Award. Resolution Institute has also continued to award the Best Advocate in Mooting prize at the University of Canberra.

We look forward to working with the new Committees elected in the ACT and Tasmania and members in the Northern Territory for events in the new year.

Resolution Institute Annual Report 2016

Resolution Institute Sydney office Level 1 & 2, 13â&#x20AC;?15 Bridge Street SYDNEY NSW 2000 t: +61 2 9251 3366 f: +61 2 9251 3733 e: infoaus@resolution.institute www.resolution.institute Resolution Institute Wellington office Level 4, Gleneagles Building 69-71 The Terrace WELLINGTON 6011 t: +64 4 470 0110 f: +64 4 470 0111 e: infonz@resolution.institute www.resolution.institute

Resolution Institute Annual Report 2016