Alternative Dispute Resolution
Alternative Dispute Resolution (ADR) in Queensland takes many different forms, of which mediation is the most regularly encountered.
The introduction of the Civil Proceedings Act 2011 (Qld) has seen a new wave of engagement with ADR through the use of Part 6 thereof.
The object of Part 6 is to provide litigants with an opportunity to achieve negotiated settlements and satisfactory resolution of disputes whilst improving access to justice at reduced cost and delay. Importantly it is also intended to provide a legislative framework allowing ADR to be conducted as quickly, with as little formality and technicality as possible whilst at the same time safeguarding the ADR process by extending the same protection to participants as they would have if the dispute were before a Court. A much needed statutory basis of confidentiality in respect of ADR processes conducted under the CPA has also been introduced. This represents a major advancement in ensuring the integrity of ADR processes is maintained.
Mediation is included as a dispute resolution process in a vast number of legislative instruments in Queensland and is generally cost effective and quick as a means of resolving disputes. Whether parties attend by election or by order of the Court, the outcome ordinarily achieved is satisfactory to all parties concerned. Where a satisfactory outcome is not achieved, the issues in dispute are invariably ventilated and narrowed such that on return to Court, only those issues outstanding need to be dealt with.
Kelly is a Nationally Accredited Mediator with access to the Inns of Court purpose built Mediation and Arbitration Centre. In addition, she has a large conference room in her chamber group in which to conduct mediations. The variety of facilities available means that Kelly can accommodate small or large mediations, multiple parties and multiple breakout rooms, whether this is at her chambers or at the Inns of Court.
She is listed as a pro-bono mediator for QPILCH.
Kelly accepts instructions from solicitors and in-house legal counsel in respect of mediations.