Panel of Investor State Mediators

Membership of Mediation Panels

Examples of current panel membership include: SIMC Mediation Panel Singapore, JIMC-Kyoto Mediator Panel Supreme Court of New South Wales, Supreme Court of the Australian Capital Territory, NSW Bar Association Mediation, Arbitration and Expert Determination Panels, Supreme Court of New South Wales Mediation Panel and District Court of New South Wales Mediation Panel, Northern Territory Petroleum Regulations Panel of Mediators, Queensland Competition Authority Mediator Pool, Small Business Commissioner Mediation and Expert Determination and Expert Appraisal Panel and a member of the Farm Debt Mediation Panel. Other panel membership and affiliations past and present in many substantive areas of the law and dispute resolution such as the Resolution Institute Advanced Mediation and Professional Panels and the mediation panels of the Australian Disputes Centre and the Australian International Disputes Centre.

Areas of Mediation Expertise

Investor-State Disputes, Aviation & Airports, Banking & Finance, Commercial, Construction, Engineering & Infrastructure, Corporate, Employment, Energy, Government & Investment, Insurance, Intellectual Property, International Trade, Life Sciences, Maritime & Transport, Oil & Gas, Pharmaceuticals, Professional Services, Real Estate, TMT & IP. Other – I have mediated in all areas of dispute including (mediating an Islamic mosque planning dispute with the Islamic community and relevant local government), class actions, investor-state disputes including mining and petroleum/oil disputes, transnational, cross border disputes particularly insurance and finance, environmental, mining, petroleum, insolvency, large complex multi-party, indigenous heritage, toxic waste, nuclear reactor and host community, government procurement, government policy and policy impacts/sequalae, as well as individual disputes (wills, probate, business, partnership, commercial, personal injuries, bankruptcy, defamation, unusual cases, including intentional torts, child sexual assault cases), professional negligence, land and environment and planning, pollution issues, COVID-19 related cases, community, cross-cultural cases and many more over 31years of mediation practice).

Other relevant Mediation Experience

Training and Professional Development

In addition to what has been noted above at 5. I have been a main trainer in mediation for many ADR organisations, legal institutions, judicial commissions and academic institutions. In respect to my training. My first course in which I enrolled to become a mediator was with CDR Boulder Colorado and LEADR (Lawyers Engaged in Alternative Dispute Resolution) which was arranged by the Law Society of NSW and the Supreme Court of NSW for the establishment of the Supreme Court First Settlement Week in NSW in 1990. I also trained with the Australian Disputes Centre (ADC), Peter Adler (Hawaii Supreme Court) with ADC on environmental dispute resolution, also a course on transformative mediation, the Harvard negotiation course and mediation course and as noted above I was sponsored by Harvard Law School to teach with Professor Sander and wrote the 1990’s manual for Teaching Assistants for the mediation course for Professor Sander. I continually lecture on various aspects of ADR and Mediation. In 2021, examples of lectures I presented include: Mediation in Intellectual Property Disputes (IBA Mediation and Intellectual Property Committees), Mediating Medical Disputes (Asian International Arbitration Centre, Malaysia), Mediation in the South Pacific (Fiji Law Society), ADR Regulation (Association Européenne Des Advocats sponsored by the European Association of Lawyers European Union and Council of Europe), and Cultural and Ethical Issues in Mediation (Catholic University of Portugal) amongst many others

Other Areas of Dispute Resolution Expertise

Arbitration, Adjudication, Conciliation, Expert Witness in ADR & Mediation, DR & ADR Systems Design, Facilitation & Ombudsman Services

Other

On 21 March 2019, I appeared on behalf of the Law Council of Australia before the Senate Legal Constitutional Affairs Reference Committee on the Resolution of Disputes with Financial Service Providers within the Justice System, arising from the Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry. As the immediate past Co- Chair of the IBA Mediation Committee and now an Advisory Member, I am co-chairing/ project managing the Task Force for the development of International Standards for Mediation for use in international, cross-border and investor -state disputes and in conjunction with the United Nations Convention on International Settlement Agreements Resulting from Mediation, for the IBA.