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 (Chair)
Gregory Burton SC
Adam Casselden SC
Charles Colquhoun SC
Neil Jackson
Philip Bambagiotti
Hugh Stowe
Michael Dawson
David Liebhold
Craig Carter
Christopher Palmer
Vanessa Thomas
Wilson Chan
David Phillips
Andrew Bailey
Matthias Thompson

Madison Thompson (Bar Association Staff Member)