New Zealand Asian Lawyers | Considering possible settlement: Asian parties in court

Considering possible settlement: Asian parties in court

With an increasing number of Asian parties in the courts, a significant number of cases, which appear to be ripe for settlement, do not settle.

Every litigant has a right to have their case heard and their day in court. But are there barriers and misunderstandings that result in matters going to a hearing when those Asian parties are unaware of settlement opportunities in their best interest?

­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­This event allows experts and interested parties to discuss unique issues, challenges and opportunities for settlement by Asian civil litigants in the New Zealand courts. Led by New Zealand Asian Lawyers, with support from the Ministry of Justice, and in association with the New Zealand Law Society and the New Zealand Bar Association. This event features a range of experts.

Chaired by Mai Chen, President of NZ Asian Lawyers and the speakers ARE:

Justice David Goddard – Court of Appeal, and Chair of the Borrin Foundation

Justice Sally Fitzgerald – Chief Judge of the High Court

Professor Mindy Chen Wishart – Former Dean of Law, Oxford University, author of Oxford University Press Studies in the Contract Laws of Asia and author of ICLQ article on Legal Transplant and Undue Influence: Lost in Translation or a Working Understanding?

Professor Andrew Godwin- Centre for Asian Law University of Melbourne

Michael Taylor, Russell McVeagh, experienced practitioner advising Asian parties in construction, infrastructure, arbitration, and professional liability.

Yvonne Mortimer-Wang – Barrister and Co-Chair of NZBA’s Advocacy Committee and member of the Diversity and Inclusion Committee, NZBA

David Campbell – Law Society Vice President - consequences of the issues and challenges articulated by David Liu below and the regulatory and representative elements that the NZLS deals with

The Michael and Suzanne Borrin Foundation has commissioned work to scope a project in this area.

There is little research and analysis in this area. Consequently, the issues to be explored by the experts include:

• Any barriers to settlement
• Cultural differences
• Understanding (or misunderstanding) of New Zealand’s rule of law
• English as a second language or no English at all
• Self-representation
• How can judges assist?
• How can lawyers/counsel assist?
• How can court rules assist?
• How can mediation assist?
• Can interpreters assist?

Those attending will be invited to contribute to the kōrero. Given the evolving nature of the problem and lack of research and analysis, it has been difficult to clarify who may have the relevant expertise, experience, and insights. As part of the event, attendees will receive a briefing report compiling the experience and insights of lawyers who advise Asian parties to take away.