find the latest legal job
Corporate Counsel and Company Secretary
Category: Generalists - In House | Location: Newcastle, Maitland & Hunter NSW
· Highly-respected, innovative and entrepreneurial Not-for-Profit · Competency based Board
View details
Chief Counsel and Company Secretary
Category: Generalists - In House | Location: Newcastle, Maitland & Hunter NSW
· Dynamic, high growth organisation · ASX listed market leader
View details
In-house Projects Lawyer | Renewables / Solar | 2-5 Years PQE
Category: Generalists - In House | Location: All Australia
· Help design the future · NASDAQ Listed
View details
Insurance Lawyer (3-5 PAE)
Category: Insurance and Superannuation Law | Location: Brisbane CBD & Inner Suburbs Brisbane QLD
· Dynamic organisation ·
View details
Legal Counsel
Category: Corporate and Commercial Law | Location: North Sydney NSW 2060
· 18 month fixed term contract · 3-5 years PQE with TMT exposure
View details
Bar backs ADR

Bar backs ADR

The Attorney-General is among the speakers at an alternative dispute resolution (ADR) workshop that will be hosted by the NSW Bar Association this Saturday (4 August).

The 2012 ADR in Australia and Beyond full-day event will be held in the Westin Hotel in Sydney. It is the fifth ADR-focused workshop to be held by the NSW Bar Association.

Attorney-General Nicola Roxon will give a keynote address, which will be followed by a series of talks on topics including evaluative mediation, ethics in ADR and the role of courts in arbitration.

Angela Bowne SC (pictured), ADR committee chair at the NSW Bar Association, told Lawyers Weekly that, with 10 sessions and a stellar line-up of industry heavyweights, the event was almost titled 50 Shades of ADR.

Bowne admitted that the program has a substantial emphasis on arbitration. This reflects the involvement of the Australian Centre for International Commercial Arbitration (ACICA) and the growing interest in arbitration among members of the Bar, she explained.

Aside from informing barristers of trends in ADR, the event will also provide a forum to debate questions like whether to litigate or arbitrate. While Bowne believes there are certain matters that belong in the courts, she also admitted that litigation could learn from techniques used in international arbitration; such as stop-clock procedures where hearing time is divided between the parties to ensure adherence to allocated periods.

This process can “streamline cross examinations”, Bowne added.

Another workshop topic that she expects will spark lively debate is evaluative mediation.

“Some mediators don’t do evaluative mediations because they consider it an expert determination,” she said.

Bowne is optimistic that industry events like 2012 ADR in Australia go a long way to raising awareness of ADR as an alternative to the courts. She also praised the Federal Government and National Alternative Dispute Resolution Advisory Council for their consciousness-raising efforts.

But Bowne fears the lack of data to support the case for mediation and arbitration is hindering uptake of ADR.

“It’s impossible at the moment to keep statistics,” she said. “We know that filings are down in the Supreme Court ... but much of the evidence we currently have is anecdotal.”

Like this story? Read more:

QLS condemns actions of disgraced lawyer as ‘stain on the profession’

NSW proposes big justice reforms to target risk of reoffending

The legal budget breakdown 2017

Bar backs ADR
lawyersweekly logo
Promoted content
Recommended by Spike Native Network
more from lawyers weekly
LCA president Fiona McLeod SC
Aug 17 2017
Where social fault lines meet the justice gap in Aus
After just returning from a tour of the Northern Territory, LCA president Fiona McLeod SC speaks wit...
Marriage equality flag
Aug 17 2017
ALHR backs High Court challenge to marriage equality postal vote
Australian Lawyers for Human Rights (ALHR) has voiced its support for a constitutional challenge to ...
Give advice
Aug 17 2017
A-G issues advice on judiciary’s public presence
Commonwealth Attorney-General George Brandis QC has offered his advice on the public presence of jud...
APPOINTMENTS
Allens managing partner Richard Spurio, image courtesy Allens' website
Jun 21 2017
Promo season at Allens
A group of lawyers at Allens have received promotions across its PNG and Australian offices. ...
May 11 2017
Partner exits for in-house role
A Victorian lawyer has left the partnership of a national firm to start a new gig with state governm...
Esteban Gomez
May 11 2017
National firm recruits ‘major asset’
A national law firm has announced it has appointed a new corporate partner who brings over 15 years'...
opinion
Nicole Rich
May 16 2017
Access to justice for young transgender Australians
Reform is looming for the process that young transgender Australians and their families must current...
Geoff Roberson
May 11 2017
The lighter side of the law: when law and comedy collide
On the face of it, there doesn’t seem to be much that is amusing about the law, writes Geoff Rober...
Help
May 10 2017
Advocate’s immunity – without fear or without favour but not both
On 29 March 2017, the High Court handed down its decision in David Kendirjian v Eugene Lepore & ...