The Interaction Between the Courts and Alternative (or Assisted) Dispute Resolution The Honourable Chief Justice Grant We are delighted to share with you His Honour’s full Address. Speaking at the inaugural Supreme Court of the Northern Territory ADR Address, Chief Justice Michael Grant considered the meaningful relationship between courts and alternative dispute resolution methods in resolving disputes. Recognising the significance of ADR, His Honour stated that “Courts would be quickly overrun if ADR was to cease”. With advances in technology [...]
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Media Release 12 August 2019 The Australian ADR Awards recognise and celebrate the positive impact of Alternative Dispute Resolution professionals on the lives, and in the business success, of people who are in dispute. ADR processes continue to flourish in all sectors of Australian society, from family dispute resolution mediations to international commercial arbitrations. “ADR was once the alternative route for Australians in disputes, but over the past several decades it has shifted to become mainstream,” says the Australian [...]
Media Release 12 August 2019 Having previously been named the Australian ADR Awards Mediator of the Year for three years running, as well as International Mediator of the Year for two years in a row, eminent barrister Mary Walker has been inducted into the Australian ADR Awards Hall of Fame. The Australian Disputes Centre recognises Mary’s outstanding contribution to Alternative Dispute Resolution. Her unparalleled contribution to the practice, promotion, and teaching of dispute resolution, both in Australia and internationally, [...]
The Hon. Chief Justice Michael Grant Chief Justice of the Supreme Court of NT Launching the Northern Territory’s Supreme Court ADR Address series on 30 May 2019, the Honourable Chief Justice Michael Grant discussed ‘The Interaction between the Courts and Alternative (or Assisted) Dispute Resolution’. Chief Justice Grant brought an insightful perspective to the ever-expanding relationship between ADR processes and the courts, with a uniquely NT frame. With the Aboriginal and Torres Strait Islander populations expected to reach majority in [...]
By Andrea Soriano* Introduction In a speech delivered at the Inaugural Supreme Court ADR Address in September 2018, Bathurst CJ of the Supreme Court of New South Wales remarked upon technology and the future of alternative dispute resolution, as well as the courts. He concluded that collaboration between stakeholders – courts, ADR professionals, and the public alike – are essential to cultivating effective technology solutions that improve access to justice. In line with this notion of collaboration, the Australian [...]
by Deborah Lockhart and Christian Santos ADR has grown significantly in Australia not merely in the footsteps of its international popularity, but as a frontrunner in a global push for timely and cost effective dispute resolution. When speaking at the Australian Disputes Centre in 2017, Chief Justice Tom Bathurst, stated that it is “fair to say now that ADR has evolved to the stage not merely of being additional or supplementary but complementary and integrative.” Environmental law is a [...]
United Nations Convention for International Settlement Agreements; a second New York Convention in the realm of ADR?
By Ying Xia On 25 June 2018, the final drafts for the UN Convention on International Settlement Agreements Resulting from Mediation and the corresponding Model Law were approved by the United Nations Commission on International Trade Law (‘UNCITRAL’). This new convention (also known as the Singapore Mediation Convention) will be open for signature on 1 August 2019.1 Most expect this convention to come into force as it only requires three ratifications of the member states, which constitutes a fairly [...]
An Opportunity to Review Third Party Funding and its Recent Developments in International Arbitration
By Lena Lindinger* With the Australian Law Reform Commission having recently published its report on third party funding in litigation, it is timely to discuss the current and evolving role of third party funding in international arbitration in Australia and globally. Third Party Funding in International Arbitration Third Party Funding (‘TPF’) arises when investors finance a legal claim in exchange for influence over case management and a financial share in the damages recoverable from the case.1 Litigants in many European [...]
We are privileged to publish the paper presented by The Hon. Justice Robert McClelland at the Australian Disputes Centre, 14 February 2019. Download in PDF: Justice McClelland - Dispute Resolution Strategies in Family Law
By Rouein Momen* The recent ruling of the Paris Court of Appeal set aside the $1.2B damages ordered against Venezuela in compensation for the expropriation of a Canadian mining company’s assets and investment. The French appellate court’s decision comes nearly a year after a D.C. federal court upheld the validity of the amount of damages originally ordered. Rusoro Mining LTD, a Canadian company, controlled 24 Venezuelan subsidiaries holding a total of 58 mining concessions and contracts between the years 2006 [...]