It’s a new decade and a new president for the Arbitrators’ and Mediators’ Institute of New Zealand (AMINZ).
The membership organisation has just celebrated 30 years, and Dr Anna Kirk is starting her term keen to build on its work – particularly to make people more aware of their options for resolving disputes.
Kirk, a barrister and arbitrator, takes over after two years as vice-president, during which she has been part of AMINZ’s push to build stronger relationships with the legal profession, courts, government and industry, as well as strengthen the education and support it provides members.
She says there’s plenty of momentum to carry forward.
“I think AMINZ is in a fantastic place. We have a really solid membership and we are doing some really valuable work for our members and the wider community. I want to come in and cement and build on that,” Kirk says.
Kirk’s appointment also marks a first. Alongside new vice-president Kate Wiseman and executive director Monique Pearson, women now hold all three of AMINZ’s top leadership roles.
Her progression through AMINZ has come quite naturally.
A barrister at Bankside Chambers, most of her practice is in alternative dispute resolution. She acts as an arbitrator and adjudicator in commercial and investment disputes and is a Fellow of both AMINZ and the Chartered Institute of Arbitrators.
She also co-lectures the international arbitration LLM course at the University of Auckland and is a contributing author to Williams and Kawharu on Arbitration.
When she joined the AMINZ council in 2019, it felt like a natural professional home.
“I’m passionate about promoting the whole spectrum of dispute resolution options available for people and making sure they know about those, and [about] how we train our dispute resolvers,” she says.
“That’s why I got involved in the council in the first place.”
For the past two years, she’s worked with outgoing president Malcolm Wallace and Pearson as AMINZ has built its profile as a trusted voice on dispute resolution.
Education has been a big focus – giving members opportunities to learn and build their skills, as well as connect with others doing similar work.
“Often, if you are the neutral that is resolving the dispute, it can be a lonely job,” Kirk says.
So having an institute where members can meet and talk to others doing the same kind of work is important.
Kirk describes AMINZ as “a broad church”, with close to 1000 members ranging from former senior judges and international arbitrators to people working in family disputes and practitioners helping farmers and sharemilkers resolve problems in rural communities.
That breadth is a strength, Kirk says, but it also means making sure there’s something for everyone when it comes to learning, keeping up to date and connecting with others.
Kirk enjoys that side of AMINZ herself, particularly getting to know people whose work looks quite different from her own.
Dr Anna Kirk (left) with AMINZ vice president Kate Wiseman (centre) and executive director Monique Pearson (right).
Options beyond the courtroom
One of Kirk’s aims as president is simple: she wants more people to know about the different ways disputes can be resolved.
“I think we still have a tendency to default to court for our disputes, or think there is no option for us generally, and there are so many options out there that are very effective, cost-effective and time-effective,” she says.
“If we can get them out there so people know about them and use them, hopefully we save people in disputes a lot of time, money and stress.
“That has got to be part of the real mission we have.”
People are becoming more aware of the alternatives, she says, but there is still a long way to go.
That means continuing to work with government, the courts, legal and industry groups, but also getting information out to workplaces and organisations where people are dealing with conflict.
Where she sees opportunities
One area she’d like AMINZ to develop more is collaborative resolution, where lawyers bring the parties together to try to resolve a dispute without a mediator.
It’s not an area Kirk practises in herself, but she sees an opportunity for AMINZ make it better known and provide education around it.
Also on her radar is AMINZ’s Arbitration Appeals Tribunal, set up more than 20 years ago but which Kirk says has “rather languished”. She’d like to look at whether there’s an appetite to revive it.
She sats she is keen to explore some frameworks to offer pro bono options for mediation.
And advocacy is another area Kirk’s keen to build on. AMINZ has intervened in court cases and made submissions on proposed laws where there could be an impact on dispute resolution.
“I would like to build that over the next two years to make sure we are a really strong voice out there for dispute resolution.”
One current example is the Building Amendment Bill, where AMINZ has concerns about how proposed changes around proportionate liability could work in arbitration.
AI is on the agenda too, with AMINZ looking to develop guidance around its use in arbitration.
For Kirk, the next decade is about keeping up with the changes happening around the profession – from technology and globalisation to more culturally complex disputes and changing client expectations.
Keeping New Zealand connected
Kirk’s own path into dispute resolution began overseas.
After completing a PhD in public international law at the University of Cambridge, she moved into international arbitration at Herbert Smith in London.
She loved the variety; every case was different and involved different laws, legal backgrounds and people working across borders.
Kirk returned to New Zealand in 2011 and has since built her practice at Bankside Chambers.
But she has kept close ties with the international dispute resolution community and has just returned from Singapore Convention Week, which brings together practitioners from across the Asia-Pacific.
As well as speaking about recently revised international arbitration rules, Kirk says it was a chance to keep up with what’s happening internationally and make sure New Zealand remains part of the conversation.
“It’s good for connection, for ensuring people don’t forget about New Zealand and remember we are there and have a thriving industry.”
The job ahead
One of Kirk’s first jobs as president will be helping recruit a new executive director, with Pearson leaving after three years to be chief executive at the College of Law.
Kirk says it will mean a period of consolidation as a new executive director comes on board.
It will also mean finding more room for AMINZ alongside her own practice and family life. Kirk has three children, aged 16, 13 and 11.
“I think my expectation of workload will have to adjust slightly, as there will be a period of time to put more time into the institution to bring a new executive director through.”
Away from work, Kirk goes to the gym, plays social netball for part of the year and takes a dance class once a week.
She’s also looking forward to working with the new AMINZ council, which she describes as a balanced and knowledgeable group, and a “solid base” for what comes next.
A lot of that comes back to getting the word out about the different ways disputes can be resolved.
“Knowledge is power,” Kirk says.
There are plenty of options out there. She wants to make sure people know about them.
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