Land and Resources Tribunal
ADR for Prevention and Cure
Fleur Kingham, Deputy President
Kateena Ryan, Acting Registrar
Land and Resources Tribunal
What is the Land and
Resources Tribunal?
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new Qld specialist tribunal
independent
powers of Supreme Court
presiding and non-presiding members
presiding members appointed at judicial
level
• Mediation Referee to be appointed
What will the LRT do?
• Cultural heritage injunctions
• native title
– “independent body”
– alternative state provisions
• mining tenure
• environment
Where does mediation fit in?
• Prior to LRT application, at request of
parties:
– alternative state provisions
– environmental authority
• Prior to LRT application:
– at instigation of Mining Registrar
• After LRT application:
– at request of parties
– at direction of tribunal
Statutory requirements for
LRT mediation
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Agreement must be in writing
Secrecy
Same immunity as a judge
Participants and documents protected
as if a court hearing
• Consent required before evidence about
mediation can be used (except fraud)
Statutory requirements for
LRT mediation
• Timeframes
– consultation and negotiation periods
– Hearing requirements
• Issues
– pressure of limited time and impact on
attitude to mediation
– distraction of hearing
– stretching limited resources
Multiple mediations
• Parties may have mediated before
• Issues:
– attitude to further mediation
– prospects of resolution
– need for targeted mediation
Multi issue - multi parties
• Potential parties include:
– mining applicant
– state
– native title claimant or holder (there may be
a number of these)
– pastoralist
– environmental group
– other affected parties
Multi issue - multi parties
• Issues involved may include:
– cultural heritage
– technical/economic feasibility of mine
– environmental impacts
– compensation for landholder
– impact on native title
– compensation for native title parties
Multi issue - multi parties
• Some but not all parties may have
already mediated some but not all
issues
• Potentially different timeframes apply to
different aspects of the issue
• Demands very active mediation /
facilitation
Mediators as LRT facilitators
• Potential dual function
• Transition from mediation to tribunal
proceeding
• Exploring the BATNA and WATNA
• Understanding LRT processes
• Preparing parties if mediation fails
Mediators as LRT advisors
• Secrecy provisions
• Assessment reports:
– progress of mediation
– prospects of further resolution
Tribunal role in mediation
• Members as mediators
• disqualified from hearing
• Tribunal may be able to resolve legal
issues preventing resolution
– post jurisdiction - yes
– pre jurisdiction - unlikely
Specialist mediation for a
specialist tribunal
• Co-ordinated by Mediation Referee
• Outsourced service providers
contracted on case-by case basis
• Client informed
Features
• Consistent with statutory frameworks outcomes and timeframes
• Used with single objector applicants, or
large numbers of objectors and
applicants
• Ease of access throughout Queensland
regional and remote centres.
Mediators
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Experienced
Independent
Stakeholder expertise
Culturally aware
Dual mediators in appropriate cases
Becoming a mediator approval process
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Expressions of interest
Training
Registration as approved mediator
Ongoing experience
Expressions of interest
• Existing mediators/experienced
professionals
• Called through mediation and
stakeholder representative
organisations
• Queensland and interstate
• Similar to Courts process
Training
• Initial mediation skills training - existing
accredited courses - own expense.
• Additional LRT specific training - course
to be developed by LRT/consultant
partnership - may be subsidised.
• Practical experience - mediation
observer.
LRT specific training
• 2 day course - Brisbane and Regional
(dependent on demand)
• Introduction to referring legislation
– mining, environmental, and indigenous
issues
– timeframes
– viable outcomes in the statutory framework
• Cultural awareness
LRT SPECIFIC TRAINING
(contd…)
• Multi-issues - multi-parties
• LRT Practice and Procedure
– requested, or ordered - what is the
difference?
– logistics and administrative procedures
– relevant Rules and forms
– accessing our support systems and our
people
– easing the way into the LRT
Registration
• Public Register of LRT approved
mediators
• Details to include areas of expertise and
rates
Ongoing experience
• Maintaining expertise
• Availability - quarterly notification
process
Requesting mediation
services
• Standard form of request - by post, fax,
e-mail or website
• Panel of (say) 3 available approved
mediators provided by LRT
• LRT may suggest co-mediation
• Parties choose from panel and advise
LRT
• Parties make arrangements with
mediator
Evaluating LRT mediation
services
• LRT Act allows anonymous statistics to
be collected
• Confidentiality preserved, but results
collated
• Strategic planning purposes
Becoming a trainer
• Expressions of Interest/Tenders
• Expectations – Experienced mediators and educators
– Range of stakeholder expertise - balanced
course
– Available for regional sessions
– Flexible, cost effective.
• Partnering with the LRT
Contacting the tribunal
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ACTING REGISTRAR - KATEENA RYAN
PHONE (07) 3406 7777
FAX - (07) 3406 7780
EMAIL lrt@justice.qld.gov.au
POST PO Box 12539 Elizabeth St BC
BRISBANE QLD 4002