2. Resolution Institute Annual Report 2015 1
Contents
Welcome to Resolution Institute 2015 ___________________________________________________1
Support and sponsorship _____________________________________________________________2
Chair’s Report ______________________________________________________________________3
Treasurer’s report ___________________________________________________________________6
CEO’S Report _______________________________________________________________________8
Governance _______________________________________________________________________10
Leadership, management and financial responsibility______________________________________15
Cooperation and promotion of Dispute Resolution ________________________________________18
Education and training ______________________________________________________________22
Standards of DR practice_____________________________________________________________28
Member services___________________________________________________________________34
New Zealand Committee report ______________________________________________________42
Australian Capital Territory Chapter report _____________________________________________44
Newcastle (News South Wales) Chapter report __________________________________________45
Sydney (News South Wales) Chapter report ____________________________________________46
Queensland Chapter report _________________________________________________________47
South Australia Chapter report_______________________________________________________48
Tasmanian Chapter report __________________________________________________________49
Victorian Chapter report____________________________________________________________50
Western Australian Chapter report ___________________________________________________52
WA Family Dispute Resolution Practitioner (FDRP) Special Interest Group (SIG) report___________54
Appendices ______________________________________________________________________ 55
3. Resolution Institute Annual Report 2015 1
Welcome to Resolution Institute 2015
What we do
Resolution Institute is a vibrant community of mediators, arbitrators,
adjudicators, restorative justice practitioners and other DR professionals.
Created from the integration of LEADR with IAMA on 1 January 2015,
Resolution Institute is a not-for-profit organisation with more than 4,000
members in Australia, New Zealand and the Asia Pacific region.
Resolution Institute services and activities are aligned with and directed
towards the achievements of the Objects, in our Constitution, to:
promote the use of dispute resolution (DR) practised by its
members
foster the use of DR to prevent, manage and resolve conflict and disputes
contribute to the growth and development of DR through consultation with government,
business, individuals and other organisations
provide information about DR and about DR practitioners to the public
develop and support high standards of practice in DR
provide and encourage the provision of education, training, accreditation and research in DR
provide services to support the professional development and practices of DR practitioners.
In particular, we provide education and accreditation services which underpin the Objects in adjudication,
arbitration, expert determination, expert witness, CINERGY® Conflict Management Coaching, Family
Dispute Resolution (FDR), mediation and probity.
Our mission
To promote the use of
ADR, to provide
member services in a
vibrant ADR
environment and to
advance and support
best practice in ADR
4. Resolution Institute Annual Report 2015 2
Support and sponsorship
Resolution Institute acknowledges the generous support we received in 2015.
Pulse case law reviews
We extend our special thanks to the Clayton Utz Litigation and the Dispute Resolution team for their
monthly legal case notes.
Resolution Institute video assessment and networking event venues
Thank you to the following organisations that generously provided rooms for networking and forum
events:
Belperio Clark Lawyers (SA)
Children’s Court Conciliation Conference Centre (VIC)
Clayton Utz (NSW)
Corrs (NSW)
Cowell Clark (SA)
Colin Biggers & Paisley (NSW)
Family Relationships Centre (Newcastle)
Halsmith Dispute Resolution Rooms (WA)
HWL Ebsworth Lawyers (QLD)
Jackson McDonald (WA)
Minter Ellison (QLD)
Salamanca Arts Centre (TAS)
Bell Gully (Auckland)
Kensington Swan Lawyers (Wellington)
Ministry of Business, Innovation and Employment (Auckland)
5. Resolution Institute Annual Report 2015 3
Chair’s Report
Welcome to the 2015 Annual Report
2015 has been a momentous year. The integration of LEADR and IAMA on 1 January 2015 is an historic
accomplishment in Australasian Dispute Resolution and one which has been commended locally and
throughout the global DR community. Consultation began in July 2014 between the IAMA Council and the
LEADR Board and a plan for integration started to take shape. Culminating in November 2014 and
accomplished on 1 January 2015, the LEADR and IAMA integration was supported overwhelmingly by
members and is testament to the foresight and commitment of many.
The way in which Resolution Institute has developed through 2015 is to the credit of members, the
Committees of Chapters and Special Interest Groups (SIGs), the staff and the Directors of the Board. My
Report this year is a message of acknowledgement, recognition and gratitude to members of Resolution
Institute in all your diversity.
For LEADR members in New Zealand (NZ) and Australia, this was the second integration in two years. As
the members of the Institute of Arbitrators and Mediators (IAMA) have done in 2014, in 2013 the
members of LEADR NZ put their Constitution aside to integrate with LEADR. These have been bold moves
by all, motivated by enhancing members’ opportunities in the interests of influencing the evolution of
sustainable justice in Australasia.
Those bold moves are now history. They are discrete events. What has and is following is less precise and
more complex.
Members voted in favour of integration and have since been supportive, patient and considerate through
the formative stages. From time to time, some members have expressed their concern about the progress
of aspects particularly important to them and they have been frank in doing so. As befits the reputation of
professional dispute resolvers, these members have provided feedback when others might have criticised;
they have listened, when others might have responded with contempt to explanations offered regarding
unmet expectations. This mindset characterises a membership that lives and practises resolution.
Members who joined state and regional Chapter Committees throughout
Australia have embraced the diversity of the collective membership. The
structure and roles of Committees and the various approaches to
networking events have arrived at satisfying and innovative outcomes. A
number of Chapter Committees have been co-convened as a transition
structure, demonstrating as the term implies the cooperative tone and
adaptive capacities of dispute resolution professionals.
SIG Committees have similarly put integration into practice with their focus
on members’ specialisations and on fostering individual and professional
excellence.
Resolution Institute staff, under the leadership of CEO, Fiona Hollier and General Managers, Ellie Pietsch
and Catherine Cooper, are the multitalented designers and engineers of the integration. The task on which
the leadership team has worked with extraordinary commitment, optimism and care is a complex and
systemic one. It is complex because progress occurs in nonlinear ways and each change ripples at various
frequencies and amplitudes throughout the organisation. The leadership team is simultaneously
developing the infrastructure of Resolution Institute while maintaining the broad range of functions of
6. Resolution Institute Annual Report 2015 4
Chair’s Report continued…
each of the previous organisations in ways which add value for members. While this is happening, the staff
are the people who are embracing the regular challenges and the sufficiently frequent surprises of
integration.
Four groups of Directors have been pivotal to the progress of Resolution Institute, keenly contributing to
the strategic direction of the organisation. The first group are the Directors and Councillors of LEADR and
IAMA who, in late 2014, volunteered to stand aside in the interests of forming the integrated Board of
LEADR & IAMA. Each of the people in this group, Dr Andrew Canon, Deborah Clapshaw, Carole Grace, The
Hon Robert McClelland, Carol Powell, Neil Turner, Rosemary Dupont, Scott Ellis, Michael Heaton QC,
Graeme Robinson and Toby Schnookal QC have demonstrated their commitment to the advancement of
Dispute Resolution in Australia with their years of service to IAMA, to LEADR and in politics.
The second group were Directors of LEADR NZ in late 2013, Mark Beech, Annabel Shaw, Jon Everest, Carol
Powell, Anna Quinn, Jan Avery, Deborah Clapshaw and Richard Goodall. Members of this group agreed to
form the New Zealand Committee to support the LEADR Board of 2014 and the Board that then became
the LEADR & IAMA Board of 2015. The NZ Committee has established a track record of supporting and
informing the Australasian Board.
The third of the groups are those Directors who, as members of the inaugural Board of LEADR & IAMA,
after consciously and conscientiously contributing to the strategic direction of the integrated organisation
through its first year, have decided to make way for members to elect new Directors. Having made a
dedicated contribution, Rowena McNally, Jonathan Smith, Warren Fischer and Jeremy Gormly SC have
made that decision. I look forward to each becoming a member of the alumni of Resolution Institute.
The fourth group of Directors who have been pivotal to Resolution Institute is the group of 2015 Directors,
comprising those who have nominated for the Board of 2016-2017: Mark Beech, David Watt, Alysoun
Boyle, Annabel Shaw, David Egarr, John Fisher, Jon Everest, Mieke Brandon and Russell Thirgood and those
who, noted above, are moving on.
The Board of 2015 has been a diligent, thoughtful and friendly Board. This is
a Board that started working together only 10 months ago; had a
considerable amount to learn about the integrated organisation and has
listened, discussed and considered thoroughly to make all of its decisions by
consensus.
What is it that members, the Chapter Committees, SIGs, staff and Directors
of the Board have in common that has engendered such cooperative spirit?
According to the Global Peace Index 2015, published by the Institute for
Economics and Peace, it is the attributes of resilience which are the capacity
to cope, to adapt and to transform. It is my observation that the
membership and staff of Resolution Institute cultivates resilience and embodies those attributes.
My thanks to you, that is to each of the people referred to above; to those who are named; and to all
4430 members for your resilience with good humour. The change that you voted for is well on the way to
being accomplished.
Adopting, for only a moment, a ‘literary licence’ (some might say an ‘ill literary licence’; others an
‘illiterary’ one), having contributed to the change and being a resolution-oriented person, perhaps you
7. Resolution Institute Annual Report 2015 5
Chair’s Report continued…
could consider yourself both a ‘resolutionary revolutionary’ and a ‘revolutionary resolutionary’. There
ends the moment.
The significance of this first year of Resolution Institute will be most productively reflected on with the
benefit of hindsight. Instead, projecting two years ahead to 2017, to the time when the next Board is
about to be elected, I believe that Resolution Institute will have all its current strengths, which can be
summarised as altruism, together with many strengths of a newly established organisation with a strong
history. Among its current strengths is its focus on members. I anticipate that among its future strengths
will be maintaining a proactive approach on behalf of members as well as focusing on achieving
sustainable justice in society. That is, by October 2017, Resolution Institute will be quite a different
organisation from the one you have forged in 2015 and appropriately so.
The Annual Report describes your thriving membership organisation. I trust you will enjoy reading it.
Margaret Halsmith
Chair
8. Resolution Institute Annual Report 2015 6
Treasurer’s report
An operating surplus in 2015
Achieving a surplus of $5,945 in 2015, after the first six months of operating as
an integrated organisation, is simply outstanding. Representing six months of
pre-integration trading and six months of trading as LEADR & IAMA, this result
is especially pleasing as our budget estimates for 2014-15, prepared eighteen
months ago, forecast a deficit.
The total revenue derived in 2014-15 was $3.119 million ($2.308 in 2013-14).
The principal driver of these revenues continues to be the demand for training
courses offered by Resolution Institute. Compared to the previous year, the
direct costs incurred in providing various training courses at venues across
Australasia were higher in both absolute and relative terms in 2014-15. This
means the profit margin in providing training courses decreased (30% in 2014-15 compared to 34% in the
previous year).
Membership revenue to 30 June amounted to $683,000. This figure is not directly comparable to the
previous year due to the integration of the two membership groups. I expect that it will take another 12 –
18 months before we see stabilisation in membership revenue.
Other revenue was also derived
from facilitation & mediation
fees, nomination fees, room
hire and interest-bearing
deposits.
In 2014-15, operating costs
amounted to $1.777 million
($1.175 million in the previous
year). At the time of the
integration in January 2015, our
best estimate for 2014-15
operating costs was in the order
of $1.5 million. To have come in
just over 10% higher than budget, especially in the context of a significant and complex integration, speaks
volumes of the effectiveness of the CEO and the Resolution Institute management team in monitoring
and, more importantly, containing operating costs.
As noted in my previous reports, the Board, in conjunction with the CEO and the Resolution Institute
management team, are working on a number of initiatives to improve services to members. The ‘special
projects’ agreed upon by the Board are subject to budgetary controls to ensure they are delivered in a
financially responsible manner.
In broad terms, the ‘special projects’ expenditure has been formulated with a view to delivering additional
and improved services to members, including:
Website development
Branding initiative
Database integration
Expansion of the Sydney office
$0
$200,000
$400,000
$600,000
$800,000
$1,000,000
$1,200,000
$1,400,000
$1,600,000
$1,800,000
$2,000,000
2012-2013 2013-2014 2014-2015
Training Membership Referral fees Room hire fees
9. Resolution Institute Annual Report 2015 7
Treasurer’s report continued…
Key income areas 2013 - 2015
In 2014-15, Resolution Institute was also the
beneficiary of a generous bequest from the Estate
of the Late Larry Morgan. Mr Morgan, a Victorian
member, had a special flair for understanding the
true meaning of alternative dispute resolution.
The 2014-15 accounts for LEADR & IAMA also
record the transfer of net assets from previous
IAMA entity into the integrated entity (see page 10
of the financial accounts).
Audit for 2014-15
The auditor, RP Campbell Associates Pty Limited,
has completed its audit of the financial statements
for the year ended 30 June 2015 and has issued an
unqualified audit opinion.
Budget for 2015-16
The budget for the year ending 30 June 2016 was
approved by the Board at its July 2015 meeting.
Based on information available to the Board at the
time, the Budget for 2015-16 forecast an operating
deficit (of less than $100,000). Based on recent
trading results and some exciting opportunities arising in New Zealand,
there are strong indications that a breakeven result from operations for
2015-16 is likely. This expected breakeven result from operations in
2015-16, before budgeted expenditure on ‘special projects’, subject to
timing, could be as much as $500,000 in 2015-16.
As always, the Board will continue to adopt a prudent approach to the
financial management of the Resolution Institute.
Lastly, I wish to record my thanks and appreciation for the extraordinary
efforts of the CEO and the Resolution Institute team. It is always a
pleasure working with a team so willing to provide support and
assistance with grace, efficiency and in a very professional and courteous
manner.
David Watt
Honourary Treasurer
2014-2015
$
2013-2014
$
Net assets 1,449,292 1,054,301
Cash balance 2,385,085 1,735,770
Income
Training (net) 574,372 578,259
Membership 682,709 380,971
Referral fees 177,893 15,698
Room hire fees 58,837 89,863
Other revenue 288,761 116,092
Total income 1,782,572 1,180,434
Expenses
Special projects 179,594 80,215
Other expenses 1,597,033 1,095,219
Total expenses 1,776,627 1,175,434
Net surplus 5,945 5,449
Capital investment
(infrastructure)
- 94,003
Retained earnings 5,945 -88,554
Note: Special projects refers to re‐investment of surplus in
project to provide business infrastructure and services to
members.
10. Resolution Institute Annual Report 2015 8
CEO’S Report
Anchoring 2015 in Resolution Institute
values
A threshold event for the Resolution Institute was choosing a
new name. The process of the Board, with senior staff, for
choosing the name was challenging, stimulating and exciting.
It was challenging as we robustly debated and deliberated over
several months on the opportunities presented by bringing
LEADR and IAMA together. It was stimulating, drawing on the
input from our members, as we articulated the aspirations for
the future of the integrated organisation to contribute
significantly to the DR landscape. It was exciting as we knew
that a new name would truly launch us on a new trajectory,
focused on the interests of DR users and their desire for
solutions when issues arise which impede them getting on with
business or with relationships.
Fundamental to achieving our aspirations, was to be clear on
two aspects: purpose and values. It is the values – collaboration, diversity, innovation, excellence and
integrity – which are exhibited in so many of our day to day endeavours and which have served as an
anchor, particularly when the waters of integration have been turbulent.
The value, collaboration, has been evident throughout 2015. We have witnessed the dedication of
members to work together to create local committees and to generate local events. Staff have been
buoyed by the willingness of members to share their knowledge and expertise in areas unfamiliar to staff.
We have enjoyed cooperating with members to deliver a suite of training programs often requiring
flexibility from all concerned. Staff located in Resolution Institute offices in Sydney, and in Wellington, as
well as those in home offices, continue to collaborate to work as an Australasian team. Collaboration has
been perplexing from time to time as members and staff have reached across the gaps of the different
expectations, cultures and practices of the former organisations and of different national and state
jurisdictions. Our collaboration has yielded many achievements. We look forward to many more.
The integration of LEADR and IAMA is a celebration of diversity. Resolution Institute has brought together
professionals who are skilled in a wide range of DR methodologies. This means that we can go to the
market with a briefcase of diverse processes for assisting people toward resolution. Our focus is on the
promise of resolution, rather than a competition between different types of DR. Resolution Institute has
also brought together a team of staff members with diverse skill sets. In the former LEADR and IAMA, staff
numbers were small. Each staff member needed to be a ‘jack-of-all-trades’ to cover the wide range of
services that each of the organisations offered. Now, the larger organisation gives us the scope to recruit
more staff members and to develop specialist teams: Nominations, Learning Pathways, Training &
membership services, Database development and Communications.
To grow the DR market and to grow the strength of the Resolution Institute, is dependent on the capacity
of Board members and staff to be innovative. While we treasure the history of both organisations, our
focus is increasingly on the future. What DR services do DR users want? What does the upcoming
generation of DR professionals expect from a professional membership organisation?
11. Resolution Institute Annual Report 2015 9
CEO’S Report continued…
How will we foster the development of DR expertise in those who are just entering the field? How can we
deliver a range of member services that are cost effective and attractive to members? How do we
promote a commitment by our members and staff to ongoing professional learning? What approaches can
we adopt to raise the standards of DR delivery? Innovative thinking, in the context of an integrated
organisation with expanded capacity, is the key for providing us with innovative approaches to address the
challenges embedded in these questions.
Both of the constituent organisations of Resolution Institute have gained
reputations for excellence in the education, grading and accreditation
offered over many years. Both have provided high quality continuing
professional development to members and colleagues alike. Both have
championed systems of nominations, recognition of skill and expertise
within the wider DR community to grow DR as a profession that can be
trusted by users of DR. The Annual Report will record the breadth of
activities in this first year of integration which exemplify our pursuit of
and commitment to excellence.
Integrity is both the final and arguably the most important value.
Integrity is about aligning our actions with our words; it is about being
trustworthy; it is about behaving with the highest standards of personal
and professional ethics. It heartens me that so many Resolution Institute
members and staff have demonstrated impeccable integrity as the realities of the integration have
presented their challenges.
In particular, I extend my thanks to each General Manager, Catherine Cooper and Ellie Pietsch, for their
clarity of principle and personal support. I thank our staff team for demonstrating practical integrity on a
daily basis, as they seek to align all that they do with Resolution Institute policies and procedures and with
the mindset of DR. I also thank the Board for their professional and personal support and guidance, which
provides me with sustenance to embrace the challenges and opportunities of the integrated organisation.
I extend my thanks in particular to the Treasurer, David Watt for his constructive input and feedback which
provides the assurance of our financial soundness. Finally, I thank the Chair, Margaret Halsmith for her
ready availability, her wise counsel and her critical appraisal of choices that need to be made. I consider
myself fortunate indeed to have a professional relationship with the Chair that supports me personally
and extends my capacity and skills to embrace the possibilities presented now and in the future by
Resolution Institute.
I look forward to extending the integration in 2016 and to increasingly putting our energies into growing
the influence of Resolution Institute.
Fiona Hollier
Chief Executive Officer
12. Resolution Institute Annual Report 2015 10
Governance
The Board
Resolution Institute is governed by a Board of Directors, elected biennially
by members and drawn from the membership across Australasia. Once
elected, each Director is responsible, both collectively and individually, to
consider the interests of members from throughout Australasia. While the
composition of the Board has state and territory connections, in practice,
each of the Directors is required to maintain a holistic view of Resolution
Institute.
The Board meets its responsibilities for governance and for the financial
health of the organisation through regular meetings, both face to face and
by teleconference. Board decision making, in line with that mandated by the
Constitution, is made by consensus. Because consensus requires thorough deliberation on the different
aspects of each topic, it provides a robust process for effective decision making.
The Board focuses attention on the business activities of the Resolution Institute within the framework of
the Key Result Areas (KRAs) and associated goals as follows:
Governance: Resolution Institute will be exemplary in its implementation of effective, inclusive and
responsible governance.
Leadership, management and financial responsibility: Resolution Institute will maintain itself as a
financially viable charity strategically ensuring its long term sustainability.
Cooperation and promotion of dispute resolution: Resolution Institute will promote the
development, acceptance and usage of DR in the community, through the media and by working
cooperatively with dispute resolution agencies, universities, government and business.
Training and education: Resolution Institute will be a highly regarded provider of quality training in
facilitative, advisory and determinative dispute resolution processes.
Standards of DR practice: Resolution Institute will facilitate and encourage practitioners to develop
and enrich their standards of practice throughout their professional lives.
Membership and membership services: Resolution Institute will be the membership body of first
choice for dispute resolution professionals.
New name and logo
The Board considered its most important task in 2015 to be developing a new name for the integrated
organisation. The 34 potential names (brainstormed by the Board and members) varied in their relevance,
their effectiveness in conveying the function and purpose of the organisation and in their potential appeal
to members and the public. They also varied in their availability and appropriateness as a domain name
(URL).
A survey sent to members in April 2015 yielded response by 540 members, stakeholder and staff to
questions about:
opportunities associated with integration
organisational values
what should be retained and what needed to grow
The survey answers affirmed for the Board the directions for the future.
Goal
Resolution Institute will
be exemplary in its
implementation of
effective, inclusive
and responsible
governance
13. Resolution Institute Annual Report 2015 11
Governance continued…
In a day-long meeting, Board members distilled the core features of the
organisation:
Our members - highly professional with extraordinary
depth, range of experience and expertise across the full
suite of dispute resolution types
Our values - integrity, innovation, excellence, collaboration
and diversity
Our methods - we support members and champion the
practice and promotion of excellence in dispute resolution
Our purpose - through our members, we provide people
with the means to resolve disputes
Our aspiration - for people to think of the members of our organisation and for resolution to
be embedded in the way that people settle disputes, manage conflicts, make decisions and
grow collaborative relationships.
Deliberating on the outcome of this process, the Board decided by consensus on, ‘Resolution Institute’.
Providing an identity for members, the organisation and current and future clients, our new name
conveys the gravitas of both resolution and of the people, our members, who practise dispute
resolution
contributes to ‘resolution’ being fundamental to the way people settle disputes, manage
conflicts, make decisions and grow collaborative relationships
includes the word ‘institute’ which encompasses different features of the organisation. Its
meanings include an organisation that delivers educational programs, established to promote a
cause, that frequently has membership base.
The Board chose the logo as it represents coming to
a resolution from different starting points. The arcs,
as parts of a circle, suggest inclusiveness and
belonging. As well, the logo resonates with our
values:
the pattern of woven lines reflects
collaboration
the colours represent diversity
the modern, forward movement conveys
innovation
the clean crisp lines align with integrity,
and
the blend of colours on a clear white
background suggest excellence.
14. Resolution Institute Annual Report 2015 12
Governance continued…
Resolution Institute Directors
The Resolution Institute thanks all Directors who have contributed to the Resolution Institute over the
past twelve months. All 2015 Board members (pictured below) have previously served as members of the
Board of LEADR or the Council of IAMA, as noted in the brief biographical information about each.
Margaret Halsmith (Chair), in practice since 1995, provides mediation for individuals, business
and government. An active member of the WA Chapter for many years, a Board member since
2004 and Chair of the Board since 2007, Margaret is committed to the promotion,
development, acceptance and usage of DR. Margaret was a member of the former NADRAC
and is Vice-Chair of the Independent Standards Commission of the International Mediation
Institute.
Rowena McNally (Immediate Past Chair) has over 25 years experience in DR as a commercial
lawyer and practitioner and is former President of IAMA Council since 2010. Her areas of
expertise include banking, primary industries, major regional water storage infrastructure,
health and management of churches. Rowena holds an LLB, FIAMA, FAICD, FAIM, Professional
Certificate in Arbitration, Professional Certificate in Mediation, is a Grade 2 Arbitrator, Expert
Determiner, Accredited and Registered Adjudicator (QLD), and Mediator. Rowena joined the
Board in 2015.
Mark Beech (Vice Chair), partner in NZ law firm Holland Beckett, has particular expertise in
commercial and employment disputes and was appointed to the Board in 2013. His training
includes advanced mediation through Pepperdine University, School of Law, California and
negotiation training through Harvard law school. Mark was the Treasurer of LEADR NZ from
2005-2011, Chair of LEADR NZ from 2011-2013.
David Watt (Treasurer) has specialised in providing forensic accounting expertise to lawyers
and their clients for the past 20 years. David is the Principal of David Watt & Co, a boutique
accounting practice providing services in insurance litigation, commercial litigation, family law
and fraud investigations. David was elected to the Board in 2010.
Russell Thirgood (Company Secretary), BA, LLB (Hons), LLM (Hons), FACICA, FIAMA, is a
practising arbitrator and partner at McCullough Robertson Lawyers. He is a visiting lecturer in
DR at the University of Melbourne and University of Queensland, and has been General Editor
of the arbitrator & mediator since 2002. Russell has also authored the ADR chapter in
Butterworths Encyclopaedia of Forms and Precedents. A member of IAMA Council since 2012,
Russell joined the Board in 2015.
Alysoun Boyle, an active member for over 15 years, has held positions including ACT Chapter
Chair, National Councillor and was elected as IAMA National Vice-President in 2010. As a
facilitative practitioner, Alysoun provides DR training/education and practice in areas including
public housing, human rights, guardianship, mental health, family, workplace and community
disputes. Alysoun is a member of the Australian Dispute Resolution Advisory Council (ADRAC)
and of the Law and Society Association (USA). Alysoun joined the Board in 2015.
15. Resolution Institute Annual Report 2015 13
Governance continued…
Mieke Brandon, elected to the Board in 2013, is a mediation trainer, mentor, researcher and
co-author of Mediating with Families (3rd ed. Thomson Reuters, 2012) and Conflict and
Dispute Resolution: A guide to practice (Oxford University Press, 2007). Mieke is a nationally
accredited mediator, registered FDRP and an advanced practitioner with the Association of
Conflict Resolvers (USA), as well as Senior Teaching and Research Member of Bond University,
DRC.
David Egarr has held commercial management positions in public infrastructure, water
resources and commercial construction for the past 15 years. He is a Grade 3 arbitrator and a
registered adjudicator under the Building and Construction Industry Security of Payment Act
2009 (SA). David has been an Associate member and member of the SA Chapter since 2006,
and a member of IAMA Council since 2008. David was elected to the Board in 2015.
Jon Everest, with previous experience on the LEADR NZ Board, joined the Board in 2015. He is
also a trainer, assessor and coach for Resolution Institute. Jon is a mediator with advanced
accreditation, working mainly in workplace and family matters and he regularly facilitates
restorative justice conferences and safety culture evaluations. Jon has provided an
independent conflict resolution service to the Victoria University of Wellington since 2003.
Warren Fischer is Managing Director of Alternative Dispute Resolution Services Pty Ltd, a
Fellow, a Grade 1 arbitrator, an accredited mediator, Fellow of the Australian Institute of
Company Directors and a Queensland registered adjudicator. Warren has been a member of
IAMA Council since 2004 and was President of the QLD Chapter. He was elected to the Board in
2015. Warren is also an Energy Arbitrator, Specialist Adjudicator and Independent Adviser to
the Co-ordinator General and has previously co-authored The Adjudicator’s Guide.
John Fisher, BSc, P Cert Arb, CEng MICE, FAPM (CertPM), FCIArb, FIAMA, is a chartered civil
engineer with over 40 years experience in international project management. He currently
serves on the WA Chapter and was elected to the IAMA Council in 2012. John is an arbitrator,
WA and NT adjudicator, mediator, and Senior Sessional Member at the WA State
Administrative Tribunal. John’s own practice specialises in construction, project recovery and
DR. John joined the Board in 2015.
Jeremy Gormly SC is a practising barrister at Denman Chambers as well as mediator with The
Dispute Group. Jeremy was appointed to the Board in 2014, is former Chairman of NADRAC
and is current Chair of ADRAC. On a joint Commission from the Commonwealth Attorney-
General and the Minister for Science and Personnel, Jeremy was appointed to mediate long
outstanding claims from the 1964 HMAS Voyager-Melbourne collision.
Annabel Shaw works is an accredited mediator, coach and law lecturer. Annabel’s many years
of membership includes service on the LEADR NZ Board and the Board since 2011. Annabel
holds a law degree from Victoria University and Diploma in Dispute Resolution from Massey
University. She has also worked previously as a lawyer, conciliator, facilitator, negotiation
trainer, and in HR.
16. Resolution Institute Annual Report 2015 14
Governance continued…
Jonathan Smith, B.App.Sc, B.Bus is a Principal of Flagstaff Consulting Group Pty Ltd. Jonathon
holds a Professional Certificate in Arbitration, is a Grade 3 Arbitrator, a Registered Senior
Adjudicator (QLD), and a Qualified Adjudicator (SA) and has been a member of IAMA Council
since 2012. Jonathan has been extensively involved in DR during large scale procurement
contracts. Jonathan has 37 years experience in engineering, management and government
administration in Australia, the UK, New Guinea and South Africa. Jonathan was elected to the
Board in 2015.
Former Directors who have contributed to integration activities
We thank the many Directors who have played a vital and insightful role during the very significant
integration activities of the past two years. We acknowledge them for their willingness to retire from
their positions as Directors as the Boards were re-configured to meet the requirements of the integrated
organisation. We also say thank you to those who retired as a result professional opportunities
elsewhere.
In particular, we thank:
Directors of the LEADR NZ Board, for their contribution to the integration of LEADR NZ with
LEADR in 2013: Mark Beech (Chair), Annabel Shaw, Jon Everest, Carol Powell, Anna Quinn, Jan
Avery, Deborah Clapshaw and Richard Goodall
Directors of the LEADR Board for contributing first to the integration with LEADR NZ in 2013
and then second to the process of integration with IAMA during 2014: Dr Andrew Cannon,
Deborah Clapshaw, Carole Grace the Hon Robert McClelland and Carol Powell
Directors of the IAMA Council for their contribution to the process of integration with LEADR
in 2014: Neil Turner (past Senior Vice President of IAMA), Rosemary Dupont, Scott Ellis,
Michael Heaton QC, Graeme Robinson and Toby Schnookal QC.
As of the Annual General Meeting held 26 November 2015, the current Board of Directors are Margaret
Halsmith (Chair), Mark Beech (Vice Chair), David Watt (Treasurer), Russell Thirgood (Company Secretary),
Alysoun Boyle, Jon Everest, John Fisher, Dr Rosemary Howell and Jeanette Kinahan.
17. Resolution Institute Annual Report 2015 15
Leadership, management and financial responsibility
Restructure and staffing
To meet the broad scope of activities across the Dispute Resolution
(DR) spectrum, the operations of Resolution Institute were
restructured in Sydney and expanded in Wellington in 2015. The
goal was to extend customer centric delivery. Recruiting additional
staff to coordinate and extend specific areas of business, our
specialised teams now include:
Executive
Learning pathways
Member engagement
Training & membership services
Nominations
Communications
Financials
Database development
Premises
To accommodate our growth, office
space has been enlarged in both Sydney
(pictured left) and Wellington (pictured
below right). The additional space in both
locations also provides improved capacity
for the use of DR rooms and training
facilities.
Goal
Resolution Institute
will maintain itself as
a financially
viable charity
strategically
ensuring its long
term sustainability
18. Resolution Institute Annual Report 2015 16
Leadership, management and financial responsibility cont…
Resolution Institute staff
Executive team Financials team
Fiona Hollier
(Sydney)
Ellie Pietsch
(Sydney)
Catherine Cooper
(Wellington)
Gerry Westhuis
(Wellington)
Robert Grima
(Sydney)
Learning pathways team Database development
Cassy Ashford
(Sydney)
Natalia Duzyk
(Sydney)
Keo Chiem
(Sydney)
Michelle de Vries
(Sydney)
Phil Millen
(Sydney)
Membership engagement team Nominations team
Sue Ahyee
(Sydney)
Mel McDonald
(Sydney)
Lisa Maltby
(Adelaide)
Helen Goddard
(Perth)
Lian Drinan
(Sydney)
Belinda Cachia
(Sydney)
Wellington training & membership service team Communications
Corinne Edge
(Wellington)
Michelle Vui
(Wellington)
Kathy Broad
(Wellington)
Rebecca Davis
(Sydney)
19. Resolution Institute Annual Report 2015 17
Leadership, management and financial responsibility cont…
Other team members in 2015
Long term staff
Thank you to Sue Smith for 18 years of service as our Finance Officer, Ros Hunter for four years of service
in video assessments and Margaret Murphy for more than seven years service in training and
memberships.
Short term staff
Thank you to Lynn Mathot, Tony Piccolo and Lucy Pickford who worked with us on a short terms basis in
2015.
Casuals
Assisting us with training, ‘kon gres and other special projects in 2015, we thank Gerard Hernandez,
Michelle Graham, Natalia Karasseva, Omar Andrade, Bastien Wallace, Cathy Buykx, Faye Hurlock and
Margarita Adams. We also thank Eva Lin and Luke Sundercombe who assisted us on a casual basis in 2015
and continue to do so.
Interns
We appreciate the contribution of interns from the University of New South Wales: Amy Campbell,
Ramona Wolfe, Connor Taylor, Priscilla Luong, Lien Hoang, Winona Wawn and Cameron McPhedran.
Resolution Institute happily offered each of these capable and committed students additional project
work in the future.
20. Resolution Institute Annual Report 2015 18
Cooperation and promotion of Dispute Resolution
Resolution Institute continued the tradition of its constituent
organisations, LEADR and IAMA, of participating in cross‐sector
activities in 2015.
Conferences and events
Regional Arbitral Institutes Forum (RAIF) Conference 2015,
Malaysia
Proudly sponsored
by Resolution
Institute, RAIF
brings together
national
arbitration bodies
throughout Australasia. We are grateful to Immediate
Past Chair, Rowena McNally who gave a presentation at
RAIF 2015, describing arbitration developments in
Australia. Chair, Margaret Halsmith and Vice Chair, Mark
Beech joined Rowena (pictured left) in meeting
colleagues from other member organisations, and in listening to keynote presenters.
Resolution Institute is excited to be hosting RAIF to coincide with the Sydney Arbitration Week in
November 2016.
Sydney Arbitration Week
Resolution Institute was proud to host the opening lunch address for Sydney arbitration week in
partnership with Minter Ellison. Professor Doug Jones (Aus), Sir Ian Barker (NZ) and Helena Chen (China)
gave insightful presentations on current trends in international arbitration
Global Pound Conference (GPC) Series
In 2015, Resolution Institute met with the GPC Series Central Organising Committee to progress
organisation of the GPCs to be held in Sydney and Auckland. The goal of the GPC Series is to create
conversation around access to, and quality of, justice around the world in civil and commercial conflicts.
The approach taken involves engaging all stakeholders in the field of DR worldwide via locally-based
events. These events will provoke debate on existing tools and techniques, stimulate new ideas and
generate actionable data on what corporate and individual DR users actually need and want.
Industry affiliations
Mediator Standards Board (MSB)
Resolution Institute continues to support the MSB in its development of mediator standards and in the
implementation of the National Mediator Accreditation System (NMAS). The role the CEO holds as Deputy
Chair of the MSB is supported by the Board and, in 2015, the CEO contributed to the launch of the revised
NMAS. These positive changes and improvements, implemented in July 2015, aligned NMAS with global
developments in mediation.
Goal
Resolution Institute will
promote the
development, acceptance
and usage of ADR in the
community, through the
media and by working
cooperatively with DR
agencies, universities,
government & business
21. Resolution Institute Annual Report 2015 19
Cooperation and promotion of Dispute Resolution cont…
International Mediation Institute (IMI)
Resolution Institute continues to support IMI in its promotion of transparency and high competency
standards in worldwide mediation practice. Resolution Institute is the only Australasian body who can
approve mediators for IMI certification. Resolution Institute is currently working with IMI and associated
bodies to implement the Global Pound Conference in Sydney and Auckland.
Voluntas Constructive Conversations pilot program
In 2015, Resolution Institute began supporting a new organisation, Voluntas to establish their pilot
program providing free mediation services to the volunteer sector in NSW. Due to commence in February
2016, this pilot is designed to assist with the prevention, management, and resolution of conflict.
Dispute Resolution Industry Forum
The DR Forum Steering Committee, of which the CEO is a part, held another event in early 2015 to discuss
important changes in the DR landscape, the ongoing role and purpose for the DR Industry Forum and
presenting a strong and united voice to government.
Resolution Institute welcomed South
Korean delegates
In June 2015, we hosted seven delegates from
the Gyeonggi Provincial Government,
Republic of Korea for a discussion regarding
the dynamics and applications of DR in
Australia (pictured left). Later in the year, the
CEO and Australia GM also met with three
South Korean delegates from the Ministry of
Justice who were investigating mediation as
an alternative to their current Court system.
Competitions
Consensual Dispute Resolution Competition
(CDRC)
Resolution Institute proudly sponsored this brand
new competition, specifically designed to promote
the growth of consensual DR. We are grateful to
accredited members, Dr Rosemary Howell and
Emma-May Litchfield, for travelling to Vienna to
coach a group of UNSW students for the competition
(pictured right). Resolution Institute will be
sponsoring the 2016 CDRC, scheduled for 28 June to
2 July 2016.
University of Canberra MOOT
In 2015, Resolution Institute adopted the sponsorship, established by IAMA in 2011, of one of the world's
most prestigious international trade law competitions, the annual Willem C Vis (East) International
22. Resolution Institute Annual Report 2015 20
Cooperation and promotion of Dispute Resolution cont…
Commercial Arbitration Moot Court Competition. Thank you to ACT Chapter member, Rosemary Dupont
for presenting the Resolution Institute prize at the Awards ceremony.
SCRAM WA and Mock Mediation Competition NSW
Resolution Institute continued their sponsorship of both these competitions in 2015, awarding the
winning school(s) a voucher to attend our 5 day mediation course. Congratulations to Mock Mediation
winners, Lady of Mercy College, Parramatta and SCRAM winners, Cape Naturaliste College.
Scholarships
Mediation scholarship, New Zealand (NZ)
In 2015, we received a large number of applications for our 5 day Mediation course scholarship. We were
particularly impressed with the wide range of valuable work being done in the NZ community and found it
inspiring to see such strong interest in DR. Congratulations to winners Ani Pitman, Christina Barruel, Liz
O’Brien and Sally King.
Collaboration with universities
Victoria University of Wellington
Resolution Institute supported students entering the International Chamber of Commerce (ICC)
Commercial Mediation Competition. In February
2015, Resolution Institute Coach, Dr Grant Morris
travelled to Paris for the competition with Victoria
University’s Faculty of Law Team (pictured left).
Also partnering in research, Victoria University of
Wellington provided the first data on commercial
mediation in NZ. A follow up research scholarship
will commence this summer, exploring the
‘gatekeeper’ function in commercial mediation.
QLD Negotiating Outcomes On Time (NOOT)
Competition
Resolution Institute continued to proudly sponsor the QLD Administrative Appeals Tribunal NOOT
competition in 2015. Thank you to QLD Chapter Co-Chair, Karyn Reardon for presenting our 5 day
Mediation course as first prize to Cameron McCormack and Tim Noonan of Bond University.
NZ University prizes for Dispute resolution
Early in 2015 Resolution Institute was proud to award the following students recognition for excellence in
their dispute resolution studies: University of Auckland - Samuel Johnston, University of Canterbury -
Charlotte Cooper and Kelly Philip, University of Otago - Ella Thompson, The University of Waikato - John
Delaney, Victoria University of Wellington - Angela Sargent.
University of New South Wales (UNSW)
Since early 2014, Resolution Institute partnered with UNSW to provide internship opportunities for
23. Resolution Institute Annual Report 2015 21
Cooperation and promotion of Dispute Resolution cont…
students undertaking their undergraduate or post‐graduate bachelor of laws degrees. Eight students have
joined us this year
Resolution Institute training counted as university credit
Our 5 day Mediation course continued in 2015 to be counted as qualifying
credit toward the Master of Dispute Resolution at UNSW, and toward
Faculty of Business degrees at Charles Sturt University.
Promoting careers in DR
The Victorian Chapter attended Monash University Law Student Society
Careers fair in 2015, presenting information about Resolution Institute,
various forms of DR and possible career pathways for students. Also in
2015, Resolution Institute was proud to feature in the Sydney University
and University of Auckland career guides.
Voice on DR issues to government
Productivity Commission draft 2014 report
Responding to the mention that significant scope remained for increasing the use of DR in the civil justice
system, Resolution Institute contributed a submission which was then referenced in the report.
Treasury and Productivity Commission (Australia)
Following our 2014 submission, the CEO met with The Treasury in early 2015 to discuss the Small Business
and Family Enterprise Ombudsman draft Bill. Subsequent to that discussion, Resolution Institute put
forward an additional written submission.
Land Access Implementation Committee
Proposing an Independent Panel of dispute resolvers to be included under the Mining and Energy Resources
(Common Provisions) Act 2014 (QLD), Resolution Institute explored various models of DR with the QLD
Minister for Natural Resources and Mines in 2015.
Government Centre for Dispute Resolution
Catherine Cooper, GM NZ and Resolution Institute Director, Jon
Everest participated as members of MBIE’s Government Centre
for Dispute Resolution's (GCDR) program advisory group in 2015.
These groups were established as part of a Stakeholder
Engagement Plan, assisting in the development of strong and
effective approaches to dispute resolution within government
Family Dispute Resolution (FDR) in New Zealand
Receiving funding from the Ministry of Justice, Resolution
Institute delivered FDR professional development workshops to
62 participants in 7 locations around NZ in 2015. Resolution
Institute continues to participate in a range of forums on FDR
and to represent the views of members advocating for a high
quality FDR system in NZ.
24. Resolution Institute Annual Report 2015 22
Education and training
Training approach
Resolution Institute continues to deliver high quality training programs
for individuals who wish to:
become DR practitioners
undertake continuing professional development (CPD)
apply DR and related skills in their workplaces
Our programs in 2015 explored the core concepts and models of
dispute resolution and offered participants the opportunity to
participate in experiential activities that developed their practical
skills.
2014 -2015 Courses
Note: Figures represent courses run by LEADR from July – Dec 2014 and by the integrated organisation from Jan – June 2015.
Spanning the DR spectrum
In 2015, Resolution Institute offered a suite of training courses covering the spectrum of DR processes.
Arbitration
Continuing an established partnership between IAMA and Adelaide University, Resolution Institute worked
with Adelaide University to ensure that the curricula for the Professional Certificate in Arbitration is
current and to confirm that Resolution Institute members will continue to provide the practical skills
component of the course in 2016.
Resolution Institute also progressed CPD training opportunities in arbitration through our Chapters in
2015, holding an Arbitration Master Class in WA and NSW. Attendance at these Master Classes was/is
compulsory for those wishing to maintain grading.
Conflict Management Coaching
Conflict Management Coaching is a one-on-one process in which a trained coach assists people to
effectively manage their interpersonal disputes and to gain increased competency in their conflict
management skills. Conflict management coaching may be used in the workplace and a range of other
contexts and there are also many applications of this process. In 2015, Resolution Institute continued to
offer learning pathways toward becoming an accredited coach, including the CINERGY® Conflict
Management Coaching course and the Leader as a workplace coach workshop.
Public training courses
26 Mediation course (5 day)
8 Conflict management coaching course
3 Developing effective intake process course
4 FDR course (1 day)
4 FDR course (2 day)
1 FDR course (3 day)
1 Mediating workplace bullying complaints course
2 Practitioner’s Certificate in Mediation
In-house training courses
3 Leader as workplace coach workshop
3 Conflict management coaching course
4 Mediation course (5 day)
3 Conciliation course (5 day)
5 Mediation refresher course
Goal
Resolution Institute
will be a highly
regarded provider of
quality training in
facilitative, advisory and
determinative
dispute resolution
processes
25. Resolution Institute Annual Report 2015 23
Education and training continued…
Probity Services, Expert Determination and Expert Witness
In the last six months of 2015, Resolution Institute ran two Probity Services courses in Brisbane and
Sydney. The Sydney course was booked out with substantial interest expressed for 2016. The
comprehensive program includes practical case studies covering the essentials of probity and ethics
principles and practice, particularly in procurement related processes. Successful completion results in
obtaining a certificate of competency as a Probity Services Provider.
We also ran an Expert Determination workshop in December 2015, where experienced Grade 1
Arbitrators, Robert Hunt and Barry Tozer facilitated an interactive program covering the law, process and
practice of Expert Determination with practical exercises to embed learning. Participants who successfully
completed the ‘take home’ assessment were issued with a Certificate of Competency.
The Expert Witness workshop, covering the obligations and practical aspects of preparing an expert report
and giving evidence in a Court or before a Tribunal, has been rescheduled for 2016.
Family Dispute Resolution (FDR)
Funded by the Ministry of Justice, Resolution Institute delivered FDR professional development workshops
in 2015 to 62 participants in 7 locations around NZ.
Mediation
In 2015, Resolution Institute offered 5 day Mediation training and assessment course and the
Practitioner’s Certificate in Mediation for those wishing to become accredited mediators. We also offered
training and CPD opportunities in Developing an Effective Intake Process, Applying Neurobiology to
Negotiation and Mediation and Mediating workplace bullying complaints.
Restorative Justice
Resulting from a successful tender in 2015, Resolution Institute in New Zealand, in partnership with PACT
Training Consultants, has been contracted to provide Restorative Justice Facilitation in NZ. A new training,
induction and accreditation framework for Restorative Justice facilitators is being developed and is due to
be implemented in March-April 2016.
Also in 2015, Restorative Practices International formally approached the Resolution Institute Board about
collaborating on training and accreditation for restorative practitioners in Australia in 2016.
Adjudication
Having considered the needs for adjudication training, Resolution Institute has deferred further training
until at least 2016.
26. Resolution Institute Annual Report 2015 24
Education and training continued…
Resolution Institute trainers in 2015
Resolution Institute trainers are experienced dispute resolution practitioners as well as skilled adult
educators. Detailed below are those trainers who conducted courses in 2015, maintaining our high
standards of quality training provision for professionals working in DR and related areas.
Jim Box - Probity
Conducted probity training courses since 2010
Acting Principal of Room to Run Pty Ltd
Vast experience in consulting services, procurement and mediation with government
and corporations
Alysoun Boyle - Mediation
Experienced mediation and dispute resolution trainer and educator, with training
experience in academic, organisational and professional settings
Co-developed and co-conducted the first national mediation courses for IAMA
Member of the Australian Dispute Resolution Advisory Council (ADRAC), ACAT in the
ACT, and other mediation panels / research committees
Lynora Brooke – Conflict Management Coaching
Specialises in workplace and commercial mediations, conflict management coaching,
facilitation leadership coaching and mentoring
Delivers conflict management coaching & training for Resolution Institute in Aus & NZ
Promotes conflict coaching to manage interpersonal and workplace conflict
Conducts numerous conflict coaching sessions in a variety of workplaces
Bradley Chenoweth – Mediation
Mediates wide range of disputes
Facilitates multi-party processes in commercial, organisational, community and cross-
cultural settings
Visiting Fellow to the University of Western Australia Law School
Senior Associate with Dialogos, a leading global consultancy in dialogue and system
transformation
Rosemary Dupont – Mediation
Accredited mediator since 1998 and mediation trainer since 2000
Operates a commercial practice specialising in workplace and interpersonal
relationship disputes
Recently completed a review of ADR for the ACT Magistrates Court and the ACT Civil
and Administrative Tribunal
Jon Everest – Mediation and Restorative Justice
Mediator, conflict coach, facilitator, trainer and professional supervisor
Delivers training based on the work of the Harvard Negotiation Project with Conflict
Management New Zealand since 2001
Trainer for the Ministry of Justice in restorative justice since 2005
27. Resolution Institute Annual Report 2015 25
Education and training continued…
Nina Harding - Mediation
Mediates commercial, workplace and large public disputes
Particular expertise in complaints handling
Currently teaches at UTS, and has also taught at University of Hong Kong and UNSW
Panelist for Hong Kong International Arbitration Centre, Franchising and Workers
Compensation
Robert Hunt – Expert Determination
Experienced lawyer and dispute resolver since 1983 across a range of international and
domestic disputes
Specialises in construction, engineering, marine, mining, commercial and intellectual
property
Moira Jenkins – Mediation in cases of bullying
An experienced psychologist and accredited mediator
Trainer with the Human Rights and Equal Opportunity Commission
Specialises in preventing and managing complaints of bullying, sexual harassment and
discrimination
Franca Petrone – Preparing for mediation
Provides facilitation, mediation, conflict management coaching, restorative
engagement, training and mentoring services to a range of public and private sector
organisations
Taught at various universities over the last 25 years
Currently runs a dispute management masters course for the ANU College of Law.
Mediates in areas such as commercial, workplace, personal injury and family matters
and works as a part-time Conference Registrar for the Administrative Appeals Tribunal
Carol Powell - Mediation
Mediator, facilitator and trainer, specialising in conflict management and dispute system
design
Member of a number of mediation panels in New Zealand
A member of International Mediation Institute (International Standards Committee)
Anna Quinn - Mediation
Mediator and trainer in Dispute Resolution in New Zealand
Extensive experience in community to commercial mediation
Trained and designed workshops on Dispute Resolution topics including
communication, negotiation, facilitation, mediation and Restorative Justice
Lecturer in Dispute Resolution at Auckland University Law School
Professor Tania Sourdin - Mediation
Foundation Chair and Director of the Australian Centre for Justice Innovation (ACJI),
previously ACCJSI, at Monash University in Australia
Leading international academic/researcher in mediation and ADR
Author, National Mediator Accreditation System; accredited mediator since 1990
Former member of NADRAC, and continuing member of numerous tribunals, panels
and boards
28. Resolution Institute Annual Report 2015 26
Education and training continued…
Barry Tozer – Expert Determination
Practises as GC21 valuer, adjudicator, arbitrator and expert determiner since early 90s
Currently serves on six disputes boards in Australia and Oceania
Specialises in building, construction, engineering and mining disputes
Author of several academic papers and lecturer with the University of Sydney, UNSW
and UTS
International arbitration and dispute Board membership expertise
Julie Walker – Conflict management Coaching
Conflict Coaching trainer for Resolution Institute since 2006
Consultant across public, private, educational and community organisations; assisting
senior managers and staff to manage workplace conflict for 30 years
Extensive experience in training and development, conflict management processes,
mediation, counselling, coaching and supervision in a wide variety of organisations and
settings
29. Resolution Institute Annual Report 2015 27
Education and training continued…
Resolution Institute coaches
Resolution Institute mediation coaches assist participants to transform their theoretical understandings
into implementable skills. In developing trainee mediators’ practise, our coaches share our commitment
to extending the quality of mediation services delivered within the community.
Colin Fullerton, David Jenkin, Franca
Petrone, Jim MacDonald, Keith Evans, Rick
Subotkiewicz, Sylvia Huie, Thilan Legierse
Anet Kate, Deb Clapshaw, Blair O’Brien, Niall
Parkes, Trish Blyth, Evana Belich, Wendy
Kazianis, Timothy McMichael, Barbara
Mackenzie, Bruce Cropper, Holly McGruther,
Shireen Drew, Gerard Sullivan, Judith Scott,
Jessica Carter, Nina Khouri, Sam McLean,
Kimberley Eccles, William Hursthouse,
Rosemarie Brown, Melanie O’Neill
Kira Schlusser, Lisa Frisken, Mieke Brandon,
Neil Roberts, Patrick Wedge, Steve Eggins
Linley Cornish, Mike Rowntree, Nigel Biginell
Tom Stodulka, Uwe Boettcher, Jennifer
Devlin, Stephen Herrick, Bronwen
Mackenzie
Anne O’Brien, Fiona Buchan-Ng, Phillippa
Elliott, John Hardie, Tracy Scott, Lyn
Lockhart, Stuart Rose, Jan Avery
Cilla Dickinson, Walter Grills, Anja Klinkert
Debbie Dunn, Gail Cork, Louise Cooper,
Michael Stewart, Tony Newport, Olivia
Rundle, Deborah Forsyth
Alikki Vernon, Amie Cousins, Andrew
Moffatt, Caine Chennatt, Carole Grace,
Carolyn Manning, Catherine Powell,
Catherine Smith, Dennis Liner, Ellen Herlihy
Helen Collins, Judy Courtin, Nhi Tran, Nicole
Cullen, Peter Condliffe, Peter Singer, Rebecca
French, Robyn Roberson, Susan Cibau, Susie
Whillas, Ron Tiffen, Leah Walls, Janette
Kinahan, Lisa Frisken
Bruce Menzies, Caine Chennatt, Chris
Phillips, Douja Elhajj, John Christo, Lisanne
Iriks, Paul Wellington, Rae Kean, Sarah Blake
Alan McDonald, Alan Ogg, Alison Manning,
Ashely Limbury, Bianca Keys, Caine
Chennatt, Catherine Davidson, Jennifer
Scott, John McGruther, Judith Blayden, Judy
Courtin, Kathleen Dan, Linda Fisher, Louise
Cooper, Lynora Brooke, Michelle de Vries,
Nhi Tran, Peter Irving, Rebecca Burnett-
Smith, Sue Waterhouse, Susie Whillas, Val
Sinclair, Victor Konijn
Gabe O’Brien, Ava Gibson, Bruce Cottrill,
Simon Roughton, Peter Franks, Jane
Schaverien, Paul Hutcheson, Moira Ransom,
Judy Dell, Annabel Shaw, Sue Adams, David
Hurley, Ani Waaka, Leslie Ashworth –
Lawson, Jennifer Parker
Adelaide
Adelaide
Adelaide
Adelaide
Auckland
Auckland
Auckland
Auckland
Brisbane
Brisbane
Brisbane
Brisbane
Canberra
Canberra
Canberra
CanberraChristchurch
Christchurch
Christchurch
Christchurch
Dunedin
Dunedin
Dunedin
Dunedin
Hobart
Hobart
Hobart
Hobart
Melbourne
Melbourne
Melbourne
Melbourne
Perth
Perth
Perth
Perth
Sydney
Sydney
Sydney
Sydney
Wellington
Wellington
Wellington
Wellington
30. Resolution Institute Annual Report 2015 28
Standards of DR practice
Developments in 2015
Resolution Institute is committed to raising standards of DR practice in
dispute resolution. Resolution Institute achieves this through
promoting and applying accreditation and grading systems rigorously,
by encouraging ongoing professional learning and by recognising
contribution to and achievement in DR.
Assessment of mediator competency
A pre-requisite for accreditation as a mediator is assessment of
competency. Using a scenario, applicants take the role of mediator
with two role-players as participants. In 2014-15, across Australasia,
there were 299 mediator assessments conducted with 70% assessed as competent.
Mediation accreditation
National Mediator Accreditation System (NMAS)
Resolution Institute ensures that its mediation training courses meet NMAS requirements and
encourages newly qualified and experienced practitioners to apply
for NMAS accreditation, the threshold accreditation in Australia
required by users of DR, particularly those in government agencies.
Australia is one of the few countries in the world which has a
national accreditation system, aimed at providing an assurance of
methodology and practice quality to users. In 2015, Resolution
Institute contributed, through the MSB, to the NMAS revision.
Resolution Institute accreditation
Resolution Institute continues to offer its own accreditation system,
which is very similar in its requirements to NMAS. This
accreditation, offered by both LEADR and IAMA, pre-dates NMAS, so many members continue to hold
this accreditation. In New Zealand, it is still the major accreditation system. Resolution Institute has
1351 members who hold either LEADR or IAMA mediation accreditation.
Resolution Institute advanced accreditation
For practitioners with significant hours of practice and CPD, advanced accreditation offers
acknowledgement of their highly developed skills. Resolution Institute currently has 66 advanced
accredited members.
Alan Mcdonald, Alysoun Boyle, Anet Kate, Anna Quin, Anne O’Brien, Ashley Limbury, Ava Gibson, Bianca Keys, Carol
Powell, Deborah Clapshaw, Gabrielle O’Brien, Gail Cork, Jeanette Kinahan, Jim Macdonald, Jon Everest, Judy Dell,
Justine Davis, Kathleen Dan, Kathy Tetu, Leah Walls, Linley Cornish, Lisa Frisken, Liz Halsmith, Melanie O’Neil, Mieke
Brandon, Moira Ransom, Nhi Tran, Nicoletta Ciffolilli, Peter Irving, Peter Singer, Phillippa Elliot, Sharon Stewart,
Simon Roughton, Sue Waterhouse, Susie Whillas, Thilan Legierse, Timothy McMichael, Trish Blyth
Assessors of mediation competency
Auckland
Auckland
Auckland
Goal
Resolution Institute will
facilitate and encourage
practitioners to develop
and enrich their of
standards of practice
throughout their
professional lives
In 2015, Resolution
Institute provided
598 role play opportunities
for members for CPD
31. Resolution Institute Annual Report 2015 29
Standards of DR practice continued…
International accreditation through the International Mediation Institute (IMI)
Resolution Institute is pleased to offer international accreditation through IMI. Resolution Institute is
the only IMI Qualifying Assessment Program in Australasia. As IMI certification becomes increasingly
recognised by global corporations, those corporations will increasingly seek IMI certificated mediators
to provide dispute resolution services in all countries in which that corporation operates. IMI
accreditation provides members who practice internationally a transportable accreditation.
Professional supervision
Online group professional supervision expanded in 2015 with 7
groups providing accessible professional supervision to members
from Australia and New Zealand. A wider range of professional
supervision groups will be offered in 2016.
Family Dispute Resolution (FDR) accreditation
As an Approved Dispute Resolution Organisation (ADRO) under the FDR Regulations 2013 in New
Zealand, Resolution Institute accredits mediators to provide FDR services. Resolution institute
conducted 24 FDR assessments in 2015 with 91% of applicants being assessed as competent.
Conflict Management Coaching
Following completion of a workshop in conflict management coaching, graduates can apply for
accreditation. Accredited conflict management coaches are required to participate in ongoing
continuing professional development (CPD). The accreditation, as evidence of competency having
been achieved and the requirement for ongoing professional development, provides consumers with
an assurance of quality.
Arbitration grading
In February 2015, as part of the integration agreement,
Resolution Institute formally adopted the IAMA policy for
Registration of Arbitrators. Applicants seeking initial arbitration
grading (Grade 3) are required to complete appropriate
training, assessment and interview by a panel of suitably
graded and experienced arbitrators. Applicants for Grade 2 and
Grade 1 need to demonstrate experience, continuing
professional development (including attendance at a Master
Class), and be interviewed by a panel of suitably graded and
experienced arbitrators.
Resolution Institute held two Master Classes this year, with 25
attendees in WA and 25 in NSW (pictured right). Resolution Institute currently has 256 graded
arbitrators. 61 Grade 1, 43 Grade 2 and 152 Grade 3. During 2015 there have been 5 applicants for
arbitration grading: 2 for Grade 1, 1 for Grade 2 and 2 for Grade 3.
Adjudication accreditation
Accreditation as an adjudicator is available to members who meet the statutory prerequisites within
the jurisdiction in which they wish to adjudicate; who have completed the relevant Resolution Institute
training course; who have experience in the construction industry, construction law and/or
Jane Schaverien, Ava Gibson
Mediator supervisors
Auckland
Auckland
Auckland
32. Resolution Institute Annual Report 2015 30
Standards of DR practice continued…
adjudicating, and; who have been interviewed by a panel of suitably qualified adjudicators. In 2015,
Resolution Institute accredited 4 adjudicators in WA and one in Northern Territory.
Fellow – IAMA
Fellowship of IAMA is granted to members over 38 years of age who demonstrate wide knowledge and
experience of law and practice of arbitration or mediation, recognised by a panel from the Institute.
Professional learning
Professional learning is one of the pillars of the Resolution Institute approach to promoting standards.
Resolution Institute encourages members to participate in professional learning to continue to
develop their understandings about DR, to enhance their practice and to maintain accreditation or
grading. In 2015, Resolution Institute provided professional learning opportunities through:
‘kon gres - a biennial conference run in several locations throughout Australia and New
Zealand (7 locations in 2015). See Member services for more information
Training courses - in neuroawareness, mediating in workplace bullying, mediation
preparation and intake, refresher courses in mediation and conflict coaching
Online group professional supervision for mediators
Master Classes - in arbitration and mediation
Chapter forums, incorporating a variety of formats such as fish bowls, role plays,
presentations and panel discussions. See each of Member services Chapter reports for more
information.
Current accreditations and gradings
1175 NMAS Accredited Mediators
419 IAMA Accredited Mediators
932 LEADR accredited Mediators
394 ACT accredited Mediators
66 LEADR Advanced Accredited
Mediators
77 IAMA Fellows
256 Graded Arbitrators:
Grade 1: 61 Arbitrators
Grade 2: 43 Arbitrators
Grade 3: 152 Arbitrators
143 Adjudicators
25 Probity Advisors
Grading of Arbitrators
Since integration on 1 January, Resolution
Institute has added:
2 Grade 1 Arbitrators
1 Grade 2 Arbitrator
2 Grade 3 Arbitrators
Assessment of Mediator Competency
In 2014-15 in Australia and NZ, Resolution Institute
has:
Conducted 299 assessments (an increase of
8% from 2013-14)
Assessed as competent 70% (210
out of 299)
Conducted 24 FDR in New Zealand
assessments
Assessed as competent 91 % (22 out
of 24)
Adjudication accreditation
In addition to integrating each jurisdiction’s
adjudication panels to reflect all accredited
adjudicators who wish to practice in that state,
Resolution Institute has added:
4 WA Adjudicators
1 NT Adjudicator
33. Resolution Institute Annual Report 2015 31
Standards of DR practice continued…
Recognising contribution to and achievement in DR
Resolution Institute considers that recognising contributions to and achievement in DR made by
individuals fosters a culture of excellence, leading in turn to the development of high standards in the
delivery of DR services.
New Zealand Law Awards, Mediator of the Year Award
This award, sponsored by Resolution Institute, is prestigious and well recognised
within the legal fraternity within NZ. In 2015, we congratulate and acknowledge
David Hurley, a Resolution Institute member, mediation coach and is a Ministry of
Business, Innovation and Employment Resolution Services Mediator.
Resolution Institute honours and awards
Fellow
The Fellow is presented to a person of stature within the
dispute resolution field, who has made a significant contribution to dispute
resolution over many years. The Fellow is an ambassador for Resolution Institute,
with scheduled presentations to members held in major cities within Australasia.
The current Fellow, Professor Laurence Boulle, presenting on the topic, ‘Minding the
gaps in dispute resolution’, has encouraged continued commitment by practitioners
to promoting standards and expanding the use of DR, as he has reviewed the patterns of dispute
resolution in Australia over the past 20 years.
Michael Klug Award
When founding LEADR member Michael Klug was honoured as a ‘luminary’, he instituted an award to
promote standards in dispute resolution. His instructions were that the Board make the award to ‘a
person or persons who has contributed towards the peaceful resolution of conflict in the best interests of
the community’. Honouring people who have made particular contributions establishes role models to
inspire others to consider how they too can contribute constructively to resolving conflicts.
Prof Chris Marshall is the recipient of the 2015 Michael Klug Award. In making the
Award, the Resolution Institute Board recognised Chris’s passion for conflict
resolution and peacemaking, as well as his significant contribution to the
development and promotion of restorative justice. As an established author on the
subject, Chris' research focuses on theory, practice and application, with pioneering
theological work around the biblical and spiritual roots of the restorative justice
vision. As inaugural Chair in Restorative Justice at the Victoria University School of
Government, Chris has had wide reaching impact, spreading the message that the need to restore trust is
at the core of restorative justice.
Chris Lilleyman is also the recipient of the 2015 Michael Klug Award. In making the
Award, the Resolution Institute Board recognised Chris’s perseverance and passion
for providing students with the experience of peaceful dispute resolution in the
context of legal processes. After many years coordinating tertiary Mock Trial
programs, Chris entered Perth College as Assistant Head of Humanities and Social
Sciences and became a founding participant in the WA Schools Conflict and
Resolution program. The Board particularly supports Chris’s passion for mediation,
34. Resolution Institute Annual Report 2015 32
Standards of DR practice continued…
and in his role as coach, believes he has helped to demystify the mediation process and broaden its
popular understanding.
Previous recipients of the Award are Associate Professor Dale Bagshaw (2014), Micheline Dewdney (2013),
the Hon. Murray Kellam AO (2012), Dr Michael King (2011) and Dr Stella Cornelius AO OBE (2010).
2015 Practitioner Awards
Introduced in 2013, the Practitioner Awards program acknowledges practitioner members recognised by
their peers as having contributed significantly to the growth and development of DR. Resolution Institute
believes that significant contributions by practitioners lead to the development of excellence in the
practice of DR.
In 2015, Resolution institute conducted Award ceremonies at the conclusion of ‘kon gres in 7 locations.
CEO, Fiona Hollier and GM Australia, Ellie Pietsch joined the Annual Meetings in ACT and Newcastle to
conduct local Awards ceremonies.
All who were nominated have indeed made a significant contribution to DR. The breadth of experience
and the depth of commitment to DR by the nominees meant that Selection Committees, comprising local
representatives and a Board member from outside the nominee’s state or country, had a very challenging
task. Nomination is a tribute and a high standard of professionalism was reflected in all nominations
received.
Award for significant contribution to DR Achievement by an emerging DR practitioner
Anet Kate (New Zealand) Mark Kelly (New Zealand)
For commitment to excellence in the practice of DR
Judge Joe
Harman (NSW)
Michael Heaton
QC (VIC)
Delcy Lagones
de Anglim (ACT)
Tony Newport
(TAS)
Nhi My Tran
(NSW)
Graham Anstee
Brooke (WA)
35. Resolution Institute Annual Report 2015 33
Standards of DR practice continued…
For development and/or promotion of DR in their community
Gillian Eattell (WA) Ian Nosworthy
(SA)
Tracey Raymond
(NSW)
Margaret Ross
(SA)
Lynne Witynski
(VIC)
Timothy
McMichael
(New Zealand)
Riki Jamieson-
Smyth
(New Zealand)
For creative adaptation of DR to meet specific needs
Jennifer Devlin
(NT)
Rosemary
Dupont (ACT)
Dymphna
Lowrey (ACT)
David B. Moore
(VIC)
Pauline Roach
(NSW)
John Green
(New Zealand)
Ray O’Reilly
(ACT)
For contribution to the professional development of others in DR
Associate Prof
Dale Bagshaw
(SA)
Callum
Campbell (QLD)
Prof Phillip
Evans (WA)
Linda Fisher
(NSW)
Ellen Herlihy
(VIC)
Rae Valerie Kean
(WA)
Val Sinclair (NSW) Stephen Lancken (NSW)
A
36. Resolution Institute Annual Report 2015 34
Member services
Advocacy and promotion
At the end of 2014, IAMA members were invited to renew their
membership with the integrated organisation. LEADR members were
invited to do so in June 2015. Limited by scope and numbers as
individual organisations, the combined membership strength of
Resolution Institute means we now offer the broadest range and
depth of DR services in Australasia. As a large, integrated body of DR
professionals our voice has also increased in strength, allowing for
greater advocacy and promotion of DR.
Note: 2015 figures include membership of the integrated IAMA and LEADR databases.
2645
2814
4427
1500
2000
2500
3000
3500
4000
4500
2013 2014 2015
4%
59%
32%
4%
1%
Advanced
practitioner
Practitioner
Associate
Student
Honorary1360
834
576
508
420
267
179 179
66 38
0
200
400
600
800
1000
1200
1400
NSW VIC NZ QLD WA SA ACT INTL TAS NT
Goal
Resolution Institute
will be the
membership body of
first choice for
Dispute Resolution
professionals
Membership by category 2015
Total members at 30 June 2015
Membership by location 2015
37. Resolution Institute Annual Report 2015 35
Member services continued…
Resolution Institute website and database
Prior to integration, both LEADR and IAMA had databases underpinning their websites and
communications. In 2015, we maintained the two websites and worked toward consolidating the 232
separate web pages and databases into one.
Stage one of database integration is complete, with streamlined communications and inclusive access to
online processes including event registration, CPD record management, transaction receipts and contact
detail editing. In 2016, the progression and completion of database integration will be a primary focus.
At the time of integration, both websites were also due for refurbishment to meet the expanded needs of
each organisation. Re-thinking how categories, information and navigation can be streamlined within each
site, we plan to build a new website in 2016, driven by a single consolidated database.
346,349
425,218
64,107
82,862
0
50,000
100,000
150,000
200,000
250,000
300,000
350,000
400,000
450,000
2013-14 2014-15
Page views and visitors 2014 and 2015
Pageviews Visitors
0
20,000
40,000
60,000
80,000
100,000
120,000
Jul-Sep 2014 Oct-Dec 2014 Jan-Mar 2015 Apr-Jun 2015
Page views and visitors July 2014 to June 2015
Pageviews
Visitors
Traffic source overview
Search engine Direct traffic Referring sites
38. Resolution Institute Annual Report 2015 36
Member services continued…
‘kon gres 2015
‘kon gres 2015 travelled to 7 locations across Australia and New Zealand.
Travelling to this many locations meant greater ease of access as well as
low cost travel and
accommodation for our
members to attend. Retaining
the features for which ‘kon
gres is renowned - active
engagement, collegial
atmosphere and stimulating
format – 2015 had a
particularly strong focus on
excellence in DR.
More than 530 attendees selected
from a diverse range of concurrent
professional learning sessions
including plenary forums, panel
discussions, interactive workshops
and table dialogues, all spanning the
DR spectrum.
Of particular significance were the
‘kon gres openings in each location,
featuring The Hon Gabrielle Upton,
MP, Attorney General (pictured
above right) in Sydney, Her
Excellency the Honourable Linda
Dessau, AM in Melbourne (pictured
below left), The Hon Vanessa
Goodwin, MLC, Attorney General in
Hobart, Chief Justice Wayne Martin
in Perth, Justice Sulan in Adelaide
and Rowena McNally (Immediate Past Chair) in Brisbane. A special highlight for 2015 was the Auckland ‘kon
gres opening with a mihi whakatau (Māori welcome) from the kaumātua from
Ngāti Whātua Ōrāki’.
‘kon gres 2015 hosted 4 international presenters and 125 domestic
presenters showcasing their experience, insights and preparation across
different aspects of mediation, family dispute resolution, arbitration,
adjudication and restorative justice. Our sincere thanks to all presenters,
participants, staff members and Chapter Committee volunteers who
contributed to a successful ‘kon gres.
39. Resolution Institute Annual Report 2015 37
Member services continued…
Feedback from participants
An overwhelming majority of attendees enjoyed their ‘kon gres experience, describing the mood as ‘lively’,
‘friendly, welcoming, collegial’, ‘positive and engaged’. Of the presentations, attendees indicated that the
best sessions were those which broadened, challenged or increased their knowledge of a particular practice
area. Attendees also reported that they enjoyed presentations that had a, ‘practical application’ they could
use immediately.
‘kon gres 2015 highlights
The self-represented litigant (SRL) phenomenon
Dr Julie Macfarlane, Professor in the Faculty of Law at University
of Windsor presented on the challenges faced in the justice system
due to the explosion of SRL’s. Given that the interna tional SRL
phenomenon is a system problem, Julie indicated the need for
systemic solutions and pointed to the possibilities for the DR
community to play a more active role.
Bill Wood QC
One of the UK's top mediators and a highly engaging speaker, Bill
Wood QC reflected on the job that mediators do and how it
compares and fits in with the job that arbitrators and judges do.
Touching on the development of mediation’s high profile in the
context of government cutbacks to the Courts, Bill outlined the
opportunities and challenges this poses in the UK and
internationally. He was also very keen to hear from attendees about
the New Zealand perspective.
The Conflict Paradox: The challenge at the heart of conflict
Dr Bernie Mayer, Professor of Dispute Resolution at the Werner Institute,
Creighton University gave a stimulating presentation on moving beyond
polarities in conflict, sharing his insights on influencing individuals and
groups to embrace contradictory choices.
Future Directions
Using a world café style session, Fiona Hollier, CEO, explored the
opportunities that the new name and brand offers to members. Fiona
also discussed plans for the future of our
organisation and asked participants to
workshop what ways the Resolution Institute
strongly demonstrates its values.
Takeaways, tweets and podcasts
Before, during and after ‘kon gres, #RIkongres generated DR industry
conversation and resource sharing across social media. For specific access to the
papers, slide shows and podcasts of presentations, use the members’ area of the
Resolution Institute website under ‘resources’.
40. Resolution Institute Annual Report 2015 38
Member services continued…
IAMA’s 40th anniversary celebration
At the conclusion of each ‘kon gres, members of Resolution Institute
joined to celebrate IAMA’s 40th
year. The Victorian Chapter also held
a special celebratory dinner where members and guests heard from
Brian Gallagher and the Hon Neil Brown QC over a three course
meal.
Resources
Pulse e-newsletter
Resolution Institute was pleased to honour IAMA’s legacy by adopting the title of Pulse for our regular
monthly e-newsletter in 2015.
This year, Pulse published the following industry/practitioner resources:
85 topical articles and/or papers across the spectrum of
DR (including 19 video/podcast resources)
Regular notification of changes in legislation
related to DR industry practitioners
Monthly updates on Australian, New Zealand
and international DR news
Monthly employment, volunteering,
scholarship and research opportunities
Discounted CPD courses, conferences and
events
This year, Pulse published the following Resolution Institute specific
resources:
12 original articles, reviews or reports
22 Chapter presentations and/or papers
8 Chapter event podcasts
Member survey / feedback results
Upcoming Chapter and training events
‘kon gres 2015 presenter resources, including original
podcasts
The arbitrator & mediator journal
Publishing articles and case notes collected from Australia's most eminent and experienced ADR professionals,
Resolution Institute continued to provide this highly regarded biannual ADR journal in 2015, previously produced
by IAMA’s Journal Committee for over 35 years.
Continuing professional development (CPD) and networking
Chapter and networking events
In 2015, Resolution Institute held 73 Chapter and networking events across Australia and New Zealand.
The resources, presentations, papers and/or podcasts gathered from these events were added to our
catalogue of member resources on our website.
Resources by topic
41. Resolution Institute Annual Report 2015 39
Member services continued…
Member Group Handbook
The Board released a Member Group Handbook in 2015. Acting as a guide for the integrating Chapter
Committees and Special Interest Groups (SIGs), this key document outlines the roles, purpose and
responsibilities of Resolution Institute groups.
CPD hours - record as you go
Supporting our members to track their progress in meeting CPD
requirements for Resolution Institute and national re-accreditation, we
continued to offer an electronic record keeper in 2015. With CPD hours
automatically tracked by each attendance, almost 10,000 CPD hours were
tracked on behalf of our members in 2015.
Online group professional supervision
Resolution Institute encourages mediation practitioners to engage in
professional supervision. We were pleased to offer a value-for-money online
professional supervision program for New Zealand members in 2015 and are expanding into Australia in
2016.
Engaging with our members
Representing members’ views
Resolution Institute responds to discussion papers circulated by government, the Mediator Standards Board
and other industry bodies across Australasia. Our responses are informed directly by members. Where
possible and appropriate, we circulate surveys, or conduct focus group discussions to gauge member’s
responses to proposals, initiatives and organisational matters. Where views are diverse, we represent that
diversity.
Resolution Institute also conducted a number of surveys in 2015, including:
‘kon gres feedback surveys for each location
a membership survey, the results of which informed the
Board’s development of the organisation’s new name, visual
identity and communications schema
CPD Chapter survey on expectations and requirements (VIC)
A survey on diversity and mediation to provide information
to contribute to the NZ Superdiversity Centre for Law,
Business and Policy’s research into diversity and commercial
mediation.
A survey on FDR practice experiences and training needs to
inform discussions with the Ministry of Justice and
development of training
Continuous improvement of our services to members
Connecting members with local Chapters provides a direct conduit for communicating information and ideas to
Resolution Institute. Facilitated by the provision of feedback forms at every event, we encourage members to
regularly update us on their CPD needs, expectations and on Resolution Institute’s performance. In order to
‘…Being part of an
influential
organisation &…
larger
network.’
(Member survey)
42. Resolution Institute Annual Report 2015 40
Member services continued…
effectively address and act upon member’s feedback, we continued in 2015, to collate and analyse the ideas,
thoughts and comments we received and used these to inform our planning and program implementation.
PI and PL insurance
As a service to members, Resolution institute has continued to offer competitive rates for professional
indemnity and public liability insurance with Aon Risk Solutions. This policy provides cover for sole
practitioners who operate under a company name or individually.
Adjudication
Building and Construction Industry Security of Payment (BCISP) disputes
Dedicated to the efficient resolution of disputes in the building and construction industry, Resolution
Institute nominates practitioners to adjudicate disputes in accordance with the relevant state legislation. In
WA, NT, SA, NSW, ACT, TAS and VIC, Resolution Institute is an Authorised Nominating Authority (ANA). In
QLD, Resolution Institute is a training provider, accredited by Queensland Building Construction
Commission.
Following the change of legislation in QLD in September 2014, other state governments began conducting
reviews of the BCISP. Resolution Institute has been actively engaged with these government departments,
providing submissions in response to the formal review of the BCISP Act in SA and the proposed
amendments to the BCISP in TAS.
This year, Resolution Institute has integrated the panels of adjudicators in each of the former LEADR and
IAMA jurisdictions. To maintain our effective operation as an ANA while facilitating an equitable,
transparent distribution of nominations, we proposed a service agreement which is in review by our
adjudicators.
150 adjudication applications have been received in 2015 across all jurisdictions. In particular, Resolution
Institute has seen an influx of applications from WA, with signs of expansion in NSW and Victoria. Please see
Appendices for our BCISP Panels in each state and nomination statistics.
Nominations in arbitration, mediation and expert determination
As a preferred provider of DR services, LEADR, IAMA, LEADR & IAMA or Resolution Institute are often
specified as the nominating body in contracts. When such instances have arisen in 2015, Resolution
Institute have nominated from our membership for the provision of arbitrator, mediator and expert
determiner services.
Nomination principles
Resolution Institute conducts a nominations process which:
appoints a practitioner matched highly to the matter, with appropriate qualifications,
technical knowledge and experience
is equitable to members in that the process distributed work amongst members on the basis
of the extent to which a member met the criteria enunciated above
demonstrates confidence in the grading and accreditation systems that Resolution Institute
promotes
is underpinned by independence, freedom from bias and integrity of choice.
43. Resolution Institute Annual Report 2015 41
Member services continued…
This nominations process was designed to ensure that the most suitable and available dispute resolver
was/is nominated to each dispute. In 2015, every attempt was made to share the work around and engage
as many members as possible.
Between 01 January – 30 June 2015, 36 nominations have been made. The Appendices list all Resolution
Institute practitioner members who were referred these matters.
.au Domain Name Disputes
As a provider authorised under the .au Dispute Resolution Policy (.auDRP), Resolution Institute supplies
administrative services for participants with competing interests in .au domain names. This form of dispute
resolution allows participants to dispute ‘bad faith’ registrations of domain names that are similar to their
trademarks.
In the period of 01 January 2015 – 30 June 2015, Resolution Institute administered 4 .au domain name
disputes. See Appendices for the .auDA panel and nomination statistics.
Other areas of nomination
Throughout 2015, Resolution Institute continued the practices of LEADR by providing administrative support
and nominations for disputes in accordance with:
Student Mediation Scheme
Providing education and training institutions with an external appeals process.
Motor Vehicle and Repair Industry Code of Conduct
Providing external dispute resolution for smash repairers and insurance companies who cannot
settle disputes internally.
Memorandum of Understanding with The Community Broadcasting Association of Australia (CBAA)
Providing pro-bono mediation services to CBAA members when disputes arise between
community radio stations and their management.
In New Zealand Resolution Institute continues to make Chair appointments in line with contractual DR
clauses. Resolution Institute in New Zealand also nominated practitioners to the Transmission Gully
Public Private Partnership Accelerated Dispute Panel
Committed to improving Resolution Institute’s performance in the nominations area, the nominations
services team have continued the implementation of a quality system for service delivery in 2015.
44. Resolution Institute Annual Report 2015 42
Member services continued…
New Zealand Committee report
A ‘refreshed’ 2015
The New Zealand Committee was established as part of the integration agreement
between LEADR and LEADR NZ, and former LEADR NZ Board members became the first
NZ Committee. Over the last year two years, the NZ Committee has provided strong links
to the Board, as well as valuable expertise, advice and support to the General Manager
of Resolution Institute, NZ. I’d like to formally recognise the considerable contribution of
Jan Avery and Deborah Clapshaw who retired from the NZ Committee this year, and
extend my thanks to them.
With NZ’s place in Resolution Institute firmly established, the Board
agreed that it was time to refresh the NZ Committee and provide
an opportunity for other members to be involved. A call for
Expressions of Interest (EOI) to join the NZ Committee received a
sizable number of responses and we were thrilled to welcome
several additional NZ Committee members in 2015. These new
members have brought new experiences, knowledge and
resources, and added much diversity of perspective and practice.
We are particularly pleased to have acquired better representation
of South Island members on the NZ Committee. With such a high
level of interest in being involved, the NZ Committee is also
considering how a wider group of members can be engaged
through a
reference
group.
The start of
2015 saw the
NZ office
move to a
new and
refreshed office space, including additional facilities and meeting
rooms for members and practitioners to utilise (pictured above).
Joining Catherine Cooper, Michelle Vui and Gerry Westhuis in the
Wellington office are also some new team members recruited in
2015; Corinne Edge and Kathy Broad. Acknowledged for her
significant contribution in a gathering of members and staff, we
sadly farewelled long time staff member, Margaret Murphy. We
wish her all the very best in the future.
‘kon gres 2015 in Auckland was an
outstanding event, bringing members
together for an offering of local, national and
international knowledge and resources. The
program comprised a diverse array of
professional learning opportunities around
important issues for our profession.
2015 NZ Committee
Mark Beech Chair
Dene Bannister
Jon Everest
Tim Holton
Anja Klinkert
Rachel Lohrey
Melanie O’Neil
Carol Powell
Anna Quinn
Sarah Ramsay
Judith Scott
Annabel Shaw
Sharon Stewart
Networking event topics
Dec Innovation in ADR Business Practice
Nina Harding
Feb Understanding the impact of
overindulgence on children
Madeleine Taylor
Mar Pre-mediation meetings: Maximising
effectiveness
Jon Everest and Ava Gibson
May Talking with Maria Dew - 2014 Mediator
of the Year
Auckland Networking Group
Commercial mediation in NZ: The
present and the future
Dr Grant Morris
June Dealing with difficult representatives
Auckland Networking Group
July Private sessions / caucusing
Auckland Networking Group
Independence and neutrality in industry
Dispute Resolution schemes
Judi Jones and Karen Stevens
Aug A revolution of commercial mediation in
New Zealand?
Hayden Wilson
Sep ’kon gres 2015
Working with high conflict behaviours
Carol Powell
Oct How do restorative justice (RJ) practices
fit with mediation practice?
Hayley Farrar
Exploring perceptions
Auckland Networking Group
Nov Drafting simple agreements at mediation
David Patten
45. Resolution Institute Annual Report 2015 43
Member services continued…
A new and
significant piece of work in 2015 has been obtaining a
Ministry of Justice contract for training and
accreditation of restorative justice providers.
Representing a partnership between Resolution
Institute and PACT Training Consultants, this contract
combines the expertise of our two organisations in the
areas of training and accreditation.
Advocating for Dispute Resolution and for the needs of
NZ members is an ongoing focus for both the NZ
Committee and the General Manager of Resolution
Institute, NZ. In particular, we continue to discuss the
challenges and opportunities of Family Dispute
Resolution (FDR) with the Ministry of Justice and actively participate in the Government Centre for Dispute
Resolution Sector Advisory Group.
Likewise, the NZ Committee also continues to focus on providing members with opportunities for networking
and professional development, expanding our strategy to include services and opportunities for
determinative practitioners. In Wellington, networking meetings have been regular and well attended, with
speakers presenting on a wide range of topics and offering diverse and innovative resources. A practice group
has also been meeting regularly to debrief and network, and to share differences in approach and method. In
Auckland, a new networking Committee has been established, busily organising 2016 events for Auckland
members to be able to access more readily.
I’d like to take this
opportunity to extend my
thanks to Catherine Cooper
and the Wellington team,
Michelle Vui, Gerry
Westhuis, Corrine Edge and
Kathy Broad. I look forward
to the insight and
contribution the new
members of the NZ
Committee will bring,
especially as Resolution
Institute transforms into a diverse dispute resolution organisation incorporating facilitative and determinative
ADR as well as restorative justice.
Mark Beech
Chair, New Zealand Committee
2015 Networking Coordinators
Sarah Ramsay Wellington
Kylie Head, Mark Kelly,
Kimberley Eccles
Auckland
Melanie O’Neil Hamilton