The Centrality of Proportionality in the Design and Delivery of ADR
Thursday 24th August | 1.00 pm
Speakers: Catherine Green and John Green
Overview:
This conference session aims to delve into the significance of proportionality in the design and delivery of ADR. The dissatisfaction with the civil justice system has led to a growing reliance on ADR, but there is a need to ensure that ADR processes align with the complexity and value of the dispute at hand. By adopting a fiscally sensible and balanced approach, attendees will learn how to effectively match the transactional costs of ADR with the significance of the matter being resolved.
The session will also focus on client-centered design and delivery of ADR processes, enabling participants to make informed decisions about the process options available to them. Emphasizing fairness, promptness, effectiveness, and proportionality, the session will showcase various ADR options, including determinative and facilitative approaches, that promote access to justice.
Additionally, attendees will have the opportunity to enhance their skills in engaging with ADR processes, supporting best practices, and facilitating better outcomes for disputing parties. The session will conclude by introducing the contractual adjudication process offered by the NZDRC and NZIAC, highlighting it as an innovative solution to the access to justice crisis.
Overall, this session aims to stimulate thoughtful discussion and encourage ongoing improvements in the availability and delivery of credible dispute resolution pathways in New Zealand. It is relevant for practitioners and participants in dispute resolution processes, fostering a collective effort towards advancing ADR practices for the benefit of all stakeholders.
Session Objectives:
Identify the causes of popular dissatisfaction with the efficient administration and delivery of justice.
Explore methods to match the transactional cost of ADR with the sum or issue at stake.
Inform attendees about ADR process options, including determinative and facilitative approaches, that promote access to justice in a fair and proportionate manner.
Enhance attendees' skills in engaging with ADR processes to support best practices and better outcomes for disputing parties.
Introduce the New Zealand Dispute Resolution Centre (NZDRC) and New Zealand International Arbitration Centre (NZIAC)'s contractual adjudication process as the latest innovation in private dispute resolution and a potential solution to the access to justice crisis.
Catherine Green
FCIArb | LLM (International Law) | PRI | A.AMINZ | Diploma in International Maritime Arbitration | GradDipBusStuds (Dispute Resolution) | PGDipBusAdmin (Dispute Resolution) | BA
Catherine is a Director of The ADR Centre and has oversight of the Centre’s five registries: the New Zealand International Arbitration Centre (NZIAC), the New Zealand Dispute Resolution Centre (NZDRC), Building Disputes Tribunal, Family Dispute Resolution Centre (FDR Centre), and the Independent Complaint and Review Authority (ICRA). In that role, she is involved in designing, developing and promoting private dispute resolution processes.
Catherine also maintains a practice as a barrister dedicated to delivering services as an arbitrator, adjudicator, and mediator for general commercial and construction matters. She is a Fellow of the Chartered Institute of Arbitrators.
Prior to specialising in the design and delivery of private dispute resolution processes, Catherine practiced as a commercial litigator both onshore and offshore in New Zealand, London, and the Cayman Islands, gaining extensive experience in a wide range of matters, involving fraud, insolvency, contractual, financial services, tax avoidance and regulatory issues.
Catherine writes and presents frequently on a wide range of private dispute resolution practice matters.
Catherine holds a Master of Laws (LLM) in international law and an MBA. She has also graduated with a Bachelor of Arts (employment relations and organisational studies), GradDipBusStuds (dispute resolution) and PGDipBusAdmin (dispute resolution).
Speaker session: The centrality of proportionality in the design and delivery of ADR.
John Green
F.AMINZ (Arb/Med) | F.CIArb | A.IAMA | Director at NZIAC (New Zealand International Arbitration Centre)
John is an arbitrator, adjudicator and mediator based in Auckland, New Zealand. He has been appointed in more than 1,300 building, construction and infrastructure disputes over the past 34 years relating to residential, commercial and industrial construction projects, power stations, gas fields, manufacturing and processing plants, stadiums, hotels, land subdivisions, roading, railways, wharves, marinas, drainage, water and wastewater treatment plants, irrigation schemes, recycling plants, mining, services, and utilities involving domestic and internationally based parties, complex technical and legal matters, and sums in dispute exceeding $100M.
John is the founder and a Director of the Building Disputes Tribunal, the New Zealand Dispute Resolution Centre, the New Zealand International Arbitration Centre, the New Zealand Family Dispute Resolution Centre, the Independent Complaint and Review Authority, LawTech, and The ADR Centre.
John is a Chartered Arbitrator and Fellow of the Chartered Institute of Arbitrators (UK), a Fellow Arb/Med of the Arbitrators’ and Mediators’ Institute of New Zealand Inc, a past President of the Arbitrators’ and Mediators’ Institute of New Zealand Inc., and a founding Council Member and Honorary Life Member of the Society of Construction Law New Zealand Inc. for his contribution to the practice of construction law.
