Alternative Dispute Resolution

​Terms of reference

Barristers’ work is not confined to appearing as an advocate in court for a client. Barristers’ work, defined 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:
In achieving its objectives, the committee focusses on serving members involved in all forms of dispute resolution outside the courtroom; including:

Offering training to members in the areas of mediation, arbitration and expert determination;

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 dispute resolution policy advice to the Bar Council and assistance to members of the bar on diverse issues relating to promoting the bar as the focal point of excellence in New South Wales, including advice on ethical issues, legislative amendments, training and accreditation, recognition of excellence in the performance of dispute resolution skills and the promotion of members’ market standing;

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 Mediation Accreditation Body;

Liaising with relevant professional bodies.

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


Members

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

Madison Thompson & Celia Barnett-Chu (Bar Association Staff Member)