
ADR Insights & Updates
Your latest AMINZ news and ADR insights
Stay informed with the latest news, expert articles, and insightful contributions from our members. Explore trends, updates, and and thoughtful opinions on key topics relevant to our community.
If you would like to submit an article or contribute please contact us to discuss.
Access to Justice – Working Collaboratively Towards A New Norm
John Goddard reflects on his decision to become a barrister sole, some of the matters he’s worked on under the grants of legal aide and his quest for establishing a ‘new norm’ in the profession so that justice is accessible and affordable for all.
Five things (among many!) that you’ll take away from the AMINZ Conference 2021
This year’s Conference will bring together leading dispute resolution professionals for three engaging days of learning and networking. Always highly attended, the conference is a chance to delve into the latest insights in the field and explore how the dispute resolution landscape is evolving both in Aotearoa and around the globe.
New Zealanders’ access to justice needs to be top of mind
The Arbitrators’ and Mediators’ Institute of New Zealand (AMINZ) has called for a review of the terminology and better clarity in the Incorporated Societies Bill to ensure the legislation is accessible and future-proofed for the benefit of all New Zealanders. Read the media release regarding AMINZ’s submission on the bill here.
Submission on the Incorporated Societies Bill
AMINZ put forward a submission on the Incorporated Societies Bill to the Economic Development, Science and Innovation Committee. Read the submission here.
Employment Relations Mediator - Anna Wai
I distinctly remember situations where my passion for people became evident in prior Employment Relations roles I held in the 90s and early 2000s. These roles were primarily in human resource management and employment relations consultancy. A love for the human spirit no matter what their backstory was led me to a discipline where I could help both workers and bosses, particularly around working relationships.
As a Human Resources Manager, I experienced dispute resolution med/arb pre-2000 under the Employment Contracts Act 1991, then latterly mediation provided by the Department of Labour under the Employment Relations Act 2000. During my time as an employment relations consultant, I attended employment mediations as a representative on a very regular basis.
Appeals on Questions of Law: An Update on Statistics
A distinct feature of domestic arbitration in New Zealand is the ability to appeal an arbitral award on a question of law (Clause 5, Schedule 2 to the Arbitration Act).
In 2012, Amokura Kawharu wrote an important article analysing the success (or otherwise) of appeals on questions of law in the High Court between 1 January 2000 and June 2011.
Professor Kawharu found that of the 55 applications for leave to appeal on a question of law filed during that period, around one third were successful. Not all successful applications for leave resulted in an appeal being filed, which implies that some cases may have been settled after application for leave was successful. Of those that did proceed to a hearing on the merits (12 cases), six appeals were successful. Over the same period, there were 13 appeals on questions of law by agreement (i.e., no leave required). Three of these appeals were successful – making nine successful appeals in total.
Nominations open for election to the AMINZ Council
AMINZ is governed by a seven-member Council, with a President, a Vice-President and five Ordinary Council Members. These roles are completely voluntary. Terms are two years in duration, with five roles coming up for election one year and two roles the following year. The term of any new elected members will commence at the Annual General Meeting to be held on 5 August 2021.
Rising stars raising the bar in Aotearoa’s dispute resolution sector
Two rising stars in the world of dispute resolution have been named the first recipients of the Arbitrators’ and Mediators’ Institute of New Zealand (AMINZ) scholarships.
Sharnika Leleni has received the 2021 AMINZ Determinative Scholarship, an award focussed on arbitration, and Tunisia Set Ārena (Ngāpuhi, Ngāti Whātua; nō Te Tai Tokerau) has been named the 2021 AMINZ Consensual Scholarship winner, focussed on mediation.
Introducing AMINZ Conference 2021 Keynote Speakers
It going to be all-go from the get-go at the 2021 Conference. Why? Unlike previous years, the first keynote speaker, His Honour Judge Heemi Taumaunu, Chief District Court Judge of New Zealand will present on day one of the conference. You won’t want to miss out on his address. We are also fortune to have District Court Judge, the Honourable Justice Joe Williams, Supreme Court Judge and Paulette Brown attending as keynote speakers. For all up-to-date information, including when registrations open in early May, head to our dedicated Conference website.
Peter Davey awarded for his work in the 2020 Fellowship Programme
The Institute is delighted to announce that The Sir Ronald Davison Award has been awarded to Auckland Barrister Peter Davey for his work in the 2020 Fellowship Assessment Programme.
Submission to the Family Court (Supporting Children in Court) Legislation Bill
AMINZ and Resolution Institute made a submission to the Family Court (Supporting Children in Court) Legislation Bill. Executive Director Sue Wells, Resolution Institute Chief Operating Officer Trevor Slater and AMINZ/Resolution Institute member and Fellow Chris LaHatte spoke to the submission at select committee in February.
Dealing with the Elephant in the Room
Never in the history of calming down has anyone calmed down by being told to calm down. But how do we address the ‘elephant in the room’ if we are afraid of other people losing their cool and us not being able to handle it? Especially if we need to act professionally at work.
It is important to engage with individuals in an organisation at a personal level to make change happen. Getting other people to make a change we want them to do is hard unless we appeal to both the emotional and the rational sides of their brains. The emotional side of the brain can be described as an elephant and the rational side brain as its rider. When things are going well, the rider appears to be in control. But the rider’s control is in fact precarious because if the six-tonne elephant doesn’t want to let the rider lead it, the rider is helpless. And if the elephant becomes angry, scared or hurt, the rider is at its complete mercy.
AMINZ Scholarships Open Now!
AMINZ is delighted to announce the creation of two new scholarships aimed at fostering diversity and leadership in the dispute resolution sector in Aotearoa/New Zealand.