Alternative Dispute Resolution

​Terms of reference

Barristers’ work under Rule 11 of the Legal Profession Uniform Conduct (Barristers) Rules 2015, includes ‘representing a client in or conducting a mediation or arbitration or other method of alternative dispute resolution’. Under rule 36, barristers also have a duty to ‘inform the client or the instructing solicitor about the alternatives to fully contested adjudication of the case which are reasonably available to the client…’

Objectives

The committee’s objectives are to monitor, promote and educate barristers and others on various forms of dispute resolution. Specifically, the committee aims to promote expertise and excellence in available dispute resolution practices by:

Advancing barristers’ skills and standing as advocates in alternative dispute resolution forums, through the provision of continuing professional development seminars and by expanding the training provided to junior barristers;

Providing alternative dispute resolution policy advice to the Bar Council and assistance to members of the bar

Maintaining lists of barristers accredited or approved as mediators, arbitrators or expert determiners and providing lists to the Local, District and Supreme Court;

Assisting the Bar Association to exercise its function as a Recognised Mediator Accreditation Body accrediting mediators in accordance with the National Mediator Accreditation System, including reviewing and making recommendations with respect to applications by members;

Liaising with relevant professional bodies.

In achieving its objectives, the committee focusses on serving members involved in all forms of dispute resolution outside the courtroom; including:

• Mediation
• Arbitration
• Early neutral evaluation
• Adjudication
• Expert determination
• Facilitation
• Conciliation

Members

John Fernon SC (Co-Chair)
Anthony Lo Surdo SC (Co-Chair)
Angela Bowne SC
Gregory McNally SC
Matthew White SC
Adam Casselden SC
Shane Prince SC
Warwick Tregilgas
Anne Healey
Philip Bambagiotti
Neil Jackson
Hugh Stowe
David Liebhold
Laina Chan
Craig Carter
Lucas Shipway
Vanessa Thomas
Nuala Simpson
Wilson Chan
Sarah McCarthy
Matthias Thompson

Laura Toren (Bar Association Staff Member)