How to select an ADR practitioner

Posted on: January 19th, 2014 by LCubed Administrator

Alternative Dispute Resolution Practitioners are listed on the websites of the peak bodies in ADR in Australia.

Selecting an arbitrator or arbitral panel

The parties are free to agree on any arbitrator, even if the arbitration clause names a particular person or a particular nominating authority. By a subsequent agreement, a reference to a particular person or a nominating authority in an arbitration agreement made at an earlier time can be changed.

Parties are advised to appoint as their arbitrator a person who has qualifications as an arbitrator and who is subject to ongoing institutional professional development requirements. It may be beneficial to appoint an arbitrator with expertise in the subject of the dispute or law or both. Each of Resolution Institute, CIArb and ACICA have a list of members with a variety of professional backgrounds and with qualifications in arbitration. Each organisation offers an appointment service so that if the parties can not agree a particular arbitrator, they can submit to an appointment by one of these organisations.

Selecting a Mediator

Appointment of a mediator is made in consultation with the other disputing parties.  VicBar, LIV and Resolution Institute list mediators who are accredited under the Australian National Accreditation System.  Follow the links from the Peak Bodies page to view profiles of accredited mediators showcasing their skills and experience.