Alternative Dispute Resolution: Advocacy Tips and Techniques
Learn how to effectively advocate for your clients in these 3 areas of Alternative Dispute Resolution (ADR) by joining some of Aotearoa’s top practitioners for this not-to-be-missed event. You will learn how to improve your technique in arbitration proceedings and discuss lessons learnt in international arbitration. Plus, hone your skills in commercial mediation and tikanga Māori based dispute resolution processes. Walk away with greater confidence to engage in ADR processes more effectively. WEB226NZA14
Description
Attend and earn 3 CPD hours
Chair: Anita Killeen, Barrister and Mediator, Quay Chambers
2.00pm to 2.05pm Opening Comments by the Chair
2.05pm to 3.05pm How to Get the Most out of Commercial Mediation
- Benefits of mediation
- How to prepare yourself and your client
- Tips on dealing with difficult conversations
- How to get the best out of mediation as an advocate
Presented by Mark Kelly, Barrister and Commercial Mediator, Bankside Chambers
3.10pm to 4.10pm Advocating in Arbitration Proceedings: Tactical Considerations, Tips and Techniques
- Selecting an arbitrator
- Running an arbitration hearing
- Tactical considerations, tips and techniques
- International arbitration: Issues, trends and key learnings
Presented by Dr Anna Kirk, Barrister and Arbitrator, Bankside Chambers
4.15pm to 5.15pm Tikanga Māori and the Design of Alternative Dispute Resolution Processes
- Disputes arising between Māori and non-Māori entities and individuals
- New mediation provisions (including Te Ture Whenua Māori Act and the Farm Debt Mediation Act)
- The need to develop bespoke tikanga based alternative dispute resolution model/models
Presented by Wi Pere Mita, Principal, Lawyer and Mediator, Laidlaw Law and Consultancy
Learning Objectives:
- Gain tips on advocating in domestic arbitration proceedings
- Reflect on the key learnings in international arbitration
- Learn how to get the most out of commercial mediation
- Discuss the importance of developing bespoke tikanga based alternative dispute resolution model/models
Presenters
Anita Killeen
Anita Killeen is a Barrister, Independent Director, and Commercial Mediator based at Quay Chambers in Auckland with over 20 years’ legal experience. Anita specialises in financial crime & fraud, civil & criminal litigation and governance & decision-making. She is the former Chief Prosecutor of the Serious Fraud Office and holds governance roles in the legal, financial, local government, education, health and NFP sectors. In addition to her legal and governance experience, Anita has had 10 years' mediation experience. Anita first trained in mediation at the London School of Economics in 2010, and has engaged in further mediation training in New Zealand through AMINZ (Arbitrators' and Mediators' Institute of New Zealand Inc) and the Resolution Institute. She is an accredited mediator and an Associate Member of AMINZ. She has particular expertise in resolving financial and commercial disputes and also has experience in mediating ACC, medico-legal, employment, property, trusts and estates, insurance and rent disputes. In addition to private mediation work, Anita serves on a variety of mediation panels for the following organisations; the Independent Complaints Review Authority, the Commission for Financial Capability, Financial Services Complaints Ltd and FairWay Resolution Ltd. Anita established and Chairs the Pro-Bono Panel of Prosecutors for the SPCA Auckland which is an award-winning initiative that has been recognised nationally and internationally for its leadership, service to the community and innovation in establishing a fully pro bono model of prosecuting in New Zealand.
Mark Kelly
Mark is one of New Zealand’s leading commercial mediators. He has over 27 years of experience in dispute resolution. Since 2005, he has been a barrister, practising now from Bankside Chambers, Auckland. Mark is the current President, and a Fellow, of the Arbitrators' and Mediators' Institute of New Zealand. He is also a Fellow of the International Academy of Mediators, and an appointee on the World Intellectual Property Organisation Center’s List of Mediators. Mark has extensive experience successfully mediating high value disputes involving: general commercial issues (company, contract, debt, education, employment, finance, negligence, partnership, property, relationship property (family businesses)), construction, insurance, intellectual property, trusts and estates, rural and farm debt, earthquake, weathertightness and international issues. Mark won the Mediator of the Year Award at the 2019 New Zealand Law Awards.
Dr Anna Kirk
Anna is a commercial arbitrator, adjudicator and barrister, specialising in international arbitration and public international law. Anna spent a number of years practising international arbitration in London, representing clients across a range of industries including energy and natural resources, shipping, infrastructure and procurement. Anna has considerable experience in arbitrations under the ICC, UNCITRAL, ICSID, LCIA and SIAC Rules. Since returning to New Zealand in 2011, she has assisted Sir David Williams KNZM, QC on many large international commercial and investment treaty arbitrations. Anna now sits as an arbitrator in both international and domestic arbitrations and is New Zealand’s representative on the ICC International Court of Arbitration. Anna also sits regularly as adjudicator under the Construction Contracts Act.
Wi Pere Mita
Wi Pere is a lawyer, mediator and consultant with over 10 years' experience in dispute resolution, governance and law. He is a member of the Institute of Directors and holds a number of directorships and governance roles in the commercial, not-for-profit and private sectors. Wi Pere has practice experience in the areas of family law, intellectual property, employment and HR, media, broadcasting & entertainment law and Māori legal issues. Wi Pere has a long history with Community Law having been involved in various roles including as a member of the Community Law Centres o Aotearoa National Board and Chair of the Māori Caucus. He also sits on the Board of Directors of Resolution Institute.