AMINZ aims to raise ADR quality and credibility
Geoff Adlam | Capital Letter
This article was originally published on Capital Letter by Geoff Adlam on 25 November 2024.
The Arbitrators' and Mediators' Institute of New Zealand - AMINZ - brings together a wide range of professionals involved in dispute resolution alongside the court framework. AMINZ says it has a membership of over 1000, with a sizeable number being members of the legal profession.
To fulfil its key role of supporting and promoting dispute resolution, AMINZ is governed by a council of seven, elected at the AGM for two-year terms. The council is chaired by a president, currently Christchurch barrister Malcolm Wallace. Alongside vice president Anna Kirk, who is also a barrister, three of the other five Council members are also legally qualified.
AMINZ is administered by a team of three. Executive director Monique Pearson joined at the start of 2024 and her career has included time as executive director of the New Zealand Bar Association from 2006 to 2011, general manager at financial adviser Rutherford Rede, and leadership roles at PwC and EY. Capital Letter asked her about AMINZ's direction and some of the issues it faces.
What does AMINZ see its role as?
At its core, AMINZ sees its role as a leader in promoting and supporting excellence in alternative dispute resolution (ADR). Its mission is to ensure that the public, businesses, and government agencies have access to the highest standards of mediation, arbitration, adjudication, and expert determination services.
AMINZ functions as both a professional body and a training organisation, fulfilling key roles in:
Delivering educational programmes: AMINZ offers a wide range of educational initiatives that build expertise across various ADR disciplines, fostering continuous learning and professional development.
Upholding ethical standards: Members are required to comply with the AMINZ Code of Ethics and adhere to its bylaws, ensuring professionalism, impartiality, and integrity in all dispute resolution practices.
Fostering community: AMINZ promotes collegiality, networking, and mentorship among its members, creating a strong community where practitioners can connect, share knowledge, and develop their skills.
Facilitating access: Through its professional panels and lists, AMINZ connects parties with professionals across various sectors, including family, rural, commercial, construction, and property disputes.
Administering a complaints process: AMINZ manages a transparent and effective complaints process to address any concerns regarding members' conduct or performance, reinforcing public trust in ADR as a credible alternative to litigation.
AMINZ plays a vital role in elevating the quality and credibility of ADR in New Zealand, ensuring its members are equipped to provide the best possible services. A commitment to Te Tiriti o Waitangi underpins all of AMINZ's work, ensuring its practices are inclusive and respectful of New Zealand's diverse communities.
The Institute also advocates for meaningful legislative change and the ongoing development of highly skilled ADR practitioners. As an internationally recognised body, AMINZ provides comprehensive training across a range of schemes, ensuring its members consistently uphold the highest standards in their practice.
What are the different types of ADR that AMINZ members are involved in?
AMINZ members are involved in a broad spectrum of ADR processes. The primary forms are mediation, arbitration, and adjudication.
Mediation is a collaborative process in which a neutral third party facilitates discussions between the disputing parties, guiding them towards a mutually acceptable resolution. This method is often employed in family disputes, employment matters, and commercial conflicts.
Arbitration involves a more formal process where a neutral arbitrator hears both sides of the case and issues a binding decision. Arbitration is widely used in commercial contracts, particularly in sectors like construction, insurance, and international trade.
Adjudication is primarily used in the construction industry, where it serves as a fast-track method for resolving payment disputes. The adjudicator's decision is binding and can be enforced through the courts if necessary.
Beyond these, AMINZ practitioners are also involved in other forms of dispute resolution including conciliation, expert determination, a process where a subject-matter expert provides an opinion to resolve a technical issue, and med-arb, which combines elements of both mediation and arbitration.
What have been the most important developments in New Zealand ADR over the past year or so?
The most significant development has been the transformation in how dispute resolution services are delivered, driven by advancements in technology and a focus on accessibility, inclusivity, and sustainability.
Adoption of online mediation and arbitration has been a major shift, allowing parties to engage in ADR remotely - a critical development in a geographically diverse country like New Zealand. Initially met with some resistance, online platforms are now widely accepted, with practitioners and participants recognising the benefits in terms of both time and cost efficiency. The shift not only reduces travel and accommodation but also supports a more environmentally sustainable approach, a growing priority in the profession.
Another key development has been the increased integration of tikanga Māori into dispute resolution processes. This reflects growing recognition of the importance of incorporating cultural frameworks into ADR, particularly in disputes involving Māori parties. AMINZ has played a leading role in promoting this integration, which is gaining traction in the courts and in ADR practices.
The challenge moving forward is for the ADR community to continue innovating and avoid reverting to pre-pandemic methods. The profession has demonstrated adaptability, and by carrying these lessons forward, we can ensure that ADR services remain accessible, cost-effective, environmentally conscious, and responsive to the diverse needs of the communities we serve.
What are the biggest issues in ADR at present?
Accessibility and awareness: Despite the significant advantages ADR offers over traditional litigation, barriers remain that prevent individuals and businesses from accessing these services. Many potential users are either unaware of ADR options or uncertain about how to initiate them. This issue is compounded by the lack of dispute resolution clauses in many contracts, which can restrict access to these processes. AMINZ continues to promote the benefits of ADR and provides resources, such as model clauses, on its website to encourage their inclusion in agreements.
Cultural considerations: Integrating cultural perspectives into ADR practices is a critical issue. While there has been progress in acknowledging these values, further efforts are needed to ensure that all practitioners can effectively incorporate cultural dimensions into their work. This is particularly important in disputes involving Māori parties, where traditional approaches may not be suitable.
Technological integration: The pandemic accelerated the adoption of technology in ADR, with online mediation becoming more prevalent. However, disparities in access to technology - particularly in rural or underserved areas - can create inequities. Ensuring that both practitioners and clients have access to the necessary technological tools is vital for the continued growth of ADR.
Professional development: Ongoing professional development for ADR practitioners is crucial for practitioners to keep pace with evolving practices and methodologies. There is increasing demand for AMINZ's tailored training programmes that address specific sectors, such as family disputes, farm debt mediation, construction, and cross-border issues, ensuring practitioners have the skills needed to handle a broad range of disputes effectively.
Cross-border disputes: As New Zealand becomes more integrated into global markets, the need for effective resolution mechanisms for cross-border disputes is growing. Practitioners must be adept at navigating the complexities of international arbitration and mediation, including different legal frameworks and cultural expectations.
While the ADR landscape in New Zealand continues to evolve, these challenges underscore the need for continued efforts in improving accessibility, cultural integration, technological support, professional development, and preparedness for cross-border disputes. Addressing these issues will not only enhance the effectiveness of ADR but also ensure it remains a viable option for a wide range of users.
Are there any changes in the law relating to or governing ADR which are needed in the opinion of AMINZ?
AMINZ sees several key areas where reforms could enhance the effectiveness and accessibility of ADR in New Zealand.
Judicial support: A strong culture of mediation requires active judicial endorsement. AMINZ would like to work with the judiciary to increase judicial encouragement of using mediation in much the same way they promote judicial settlement conferences. When judges promote ADR, it highlights its value as a practical tool for dispute resolution.
Recognition of ADR qualifications: Statutory recognition of ADR qualifications is another important reform. This would ensure that only credentialed professionals, from reputable bodies such as AMINZ, can act as mediators, arbitrators, or adjudicators. Such recognition would raise public confidence in ADR and ensure that high standards are maintained across the profession.
Embracing technology: As ADR becomes increasingly digitised, AMINZ believes that AI and online mediation platforms will become more integrated into the ADR framework. The use of technology in ADR can make these processes more accessible, reducing geographical barriers and lowering costs for all participants.
Tikanga Māori in ADR: A change AMINZ advocates is the deeper integration of tikanga Māori and te ao Māori into ADR processes. Embedding Māori values and traditions into the legal and ADR framework would enrich the system, making it more reflective of New Zealand's identity. This is an important part of AMINZ's broader commitment to upholding Te Tiriti o Waitangi.
These changes would strengthen the ADR landscape in New Zealand, making it more accessible, efficient, and culturally inclusive. AMINZ is committed to supporting these changes to ensure the continued growth and relevance of ADR.
What initiatives is AMINZ involved in at present?
AMINZ is currently engaged in several initiatives aimed at enhancing the ADR profession and broadening access to dispute resolution services in New Zealand.
One initiative is the AMINZ Scholarship Programme, which offers financial assistance to emerging practitioners who wish to pursue careers in mediation, arbitration, or adjudication. These scholarships are instrumental in diversifying the ADR profession, ensuring that individuals from all backgrounds can access opportunities and excel in the field.
AMINZ also actively promotes mentoring and networking opportunities for its members. The Institute regularly organises events that bring together practitioners to share their experiences, discuss legal developments, and collaborate on best practices. This collegial approach strengthens the ADR community and fosters continual learning and professional development.
AMINZ is also committed to professional development through its skills-intensive courses and in-house training programmes. These programmes are designed to equip practitioners with up-to-date knowledge and tools to handle disputes across various sectors, from family matters to complex commercial arbitrations. The Institute's expert panels and lists serve as a resource for external organisations, providing access to highly qualified ADR professionals for appointments across a wide range of disputes.
Through these initiatives, AMINZ continues to advance the ADR profession, supporting both established and emerging practitioners while promoting excellence and access to high-quality dispute resolution services.
Any other comments which you might have?
AMINZ is the leading organisation for dispute resolution professionals in New Zealand, providing support, expertise, and guidance for both practitioners and those seeking dispute resolution services.
For appointing an arbitrator or a mediator, AMINZ offers a comprehensive directory of experienced professionals. Whether dealing with a commercial, rural, family, neighbourhood, maritime, sports, employment, environmental or other dispute, AMINZ connects you with trusted experts, committed to the highest standards of professionalism and ethics. Our expert panels ensure access to specialists who can handle the most complex disputes.
For those advancing their careers, AMINZ provides skills-intensive courses and in-house training tailored to organisational needs. Mentoring programmes and scholarships also support the development of emerging ADR professionals, ensuring continual growth and excellence in the field. AMINZ remains the trusted home for dispute resolution in New Zealand, committed to fostering excellence and integrity in ADR practices.