find the latest legal job
Part Time Risk & Compliance Officer
Category: Other | Location: Brisbane QLD 4000
· Brisbane City · Flexible Part Time Hours
View details
Infrastructure Lawyer/SA
Category: Construction Law | Location: Sydney CBD, Inner West & Eastern Suburbs Sydney NSW
· Global elite law firm · Dedicated Infrastructure team
View details
Property Lawyer
Category: Property Law | Location: All Melbourne VIC
· 12 Month Contract · Diverse Work
View details
Family Lawyer
Category: Family Law | Location: Eastern Suburbs Melbourne VIC
· Boutique Firm · Great Reputation
View details
Infrastructure Lawyers
Category: Construction Law | Location: All Perth WA
· We'd be particularly interested to hear from you if you were a lawyer who knows your way around the infrastructure and energy sectors.
View details
Australia and NZ sign ADR agreement

Australia and NZ sign ADR agreement

The peak bodies for alternative dispute resolution (ADR) in Australia and New Zealand have signed a memorandum of understanding to promote the use of ADR methods in the region.The agreement has…

The peak bodies for alternative dispute resolution (ADR) in Australia and New Zealand have signed a memorandum of understanding to promote the use of ADR methods in the region.

The agreement has been struck between the Institute of Arbitrators & Mediators Australia (IAMA) and the Arbitrators and Mediators' Institute of New Zealand (AMINZ)

The news follows an announcement made earlier this year by Federal Attorney-General Robert McClelland and New Zealand Justice Minister Simon Power that both countries will, as a priority, introduce legislation to make resolving legal disputes across the Tasman cheaper, more efficient and less complicated.

IAMI president Michael Kirby told Lawyers Weekly that the agreement is another step in the wider, ongoing process of integrating the Australian and New Zealand economies and institutions.

"The integration of our economies and judicial and other institutions has progressed enormously. That has happened in the court area and this is a step in the informal process of dispute resolution," he said.

He said ADR can have particular advantages for cross border disputes. "It can provide a one-stop-shop for getting resolution of disputes which might have otherwise involved quite intricate and difficult fact and law," he said. "It can concentrate the mind on the bottom line and on getting the resolution of an entire dispute, [and] it can avoid jurisdictional problems and provide for practical or commercial solutions."

Kirby said he believes similar agreements with other countries within the Asia Pacific region are likely to follow, adding that such agreements can be particularly beneficial in disputes involving both civil law and common law jurisdictions

"It's often highly desirable that provisions should be made for the arbitration and mediation of disputes simply because of the different legal rules, and for the identification of the law of the jurisdiction which is going to apply to the resolution of any dispute that arises," he said. "As trade increases greatly in our region we're going to need methods including the courts, but also including procedures of ADR."

But while he believes there are clear benefits to be gained from promoting ADR, Kirby emphasized that he is not blind to its potential pitfalls, noting the need for a rigorous accreditation process.

"I do want to emphasize that on the subject of ADR, I'm not starry eyed," he said. "I realize that there are problems and we have to address those problems They include making sure that by processes of accreditation we have high standards of competence and experience when people take over responsibility of mediation. I myself am going to undergo the mediation training course of IAMA ... my own view is that being a lawyer in court is not necessarily a perfect preparation for ADR. There's a need to upgrade your knowledge and experience and learn from others, and that's what I'm going to do," he said.

He added that one of the issues that will need to be explored under the Australia/New Zealand memoranda is whether a system of mutual recognition of accreditations granted in either country can be established.

- Zoe Lyon

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

Australia and NZ sign ADR agreement
lawyersweekly logo
Promoted content
Recommended by Spike Native Network
more from lawyers weekly
Nov 17 2017
It's time for politicians to commit to eradicating domestic violence
The national shame of domestic violence cannot be left unaddressed, writes Christine Smyth. ...
Nov 16 2017
From lawyer in law firm to senior governance professional
Promoted by Governance Institute of Australia As a law graduate, Kate Griffiths never imagined...
marriage equality
Nov 16 2017
Legislation the next hurdle for marriage equality
Lawyers have underscored the importance of ensuring same-sex marriage legislation does not limit ant...
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'...
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...
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 & ...