High-flying

As alternative dispute resolution becomes more mainstream, particularly in multinational practice, some young lawyers are diversifying. Lucy Chakaodza reports.

As the use of international arbitration and alternative dispute resolution (ADR) expands in general, the emergence of talented young legal practitioners, as well as other professionals, wishing to enter the field of ADR is on the rise.

With a growing percentage of dispute resolution membership bodies, such as the Chartered Institute of Arbitrators (CIArb), made up of young lawyers, and where, in CIArb's case, a fifth of its members are aged 40 or under, why is there a notable lack of practising young dispute resolution professionals in the ADR arena? Is there a greater need for training, education and support, or is there a reluctance to appoint young practitioners as arbitrators?

Young lawyers are recognising that training in ADR can enable them to provide an enhanced service to clients by offering them viable alternatives to traditional litigation. This in turn can provide more varied and attractive career prospects.

David Ochieng is 31, a young member of CIArb and a practising barrister based in Zimbabwe. He says: "As commerce becomes more specialised and litigants demand more speed and flexibility from dispute resolution mechanisms, ADR presents both a way to earn a living and an opportunity to participate in shaping the future of the entire legal system. As much as arbitration, for instance, borrows heavily from the ethos and procedures of litigation, the reverse is slowly coming true in some jurisdictions."

Yvonne Hanly is CIArb's director of education and academic affairs, and says there is currently a perception among many legal advisers and clients that successful practitioners in the dispute resolution field have to be senior professionals with skills and knowledge developed over many years. However, while it is true that opportunities to be appointed as a dispute resolver may be very limited for young lawyers, there are many other opportunities within ADR for young professionals to hone their skills and build their professional reputations. For example, the role of the party adviser in guiding clients on how to resolve their disputes is a critical one. In addition to this, dispute avoidance and dispute management are key areas within which young lawyers can get involved. 

"CIArb is developing new career development courses for younger members to supplement the Pathways training currently on offer. A combination of vocational training, professional development and networking opportunities will enable young members to make an active contribution to ADR and ensure that they become the dispute resolvers of the future," says Hanly.

"The perception that to be effectively capable of resolving a dispute, you need to possess a number of years' experience, has led some young lawyers to believe that they are not taken as seriously in the ADR community"The perception that to be effectively capable of resolving a dispute, you need to possess a number of years' experience, has led some young lawyers to believe that they are not taken as seriously in the ADR community.

Although sitting as an arbitrator and representing parties is in effect similar to what lawyers do in litigation, it takes time for young lawyers to gain the recognition and build a reputation for themselves argues Dalal Al-Houti, a 24-year-old associate at Obeid law firm in Beirut. "Success and credibility for a young lawyer in the ADR community does not come easily. Young lawyers must show serious initiative to earn the respect of senior ADR practitioners which can be achieved by getting involved locally, locating senior practitioners who are interested in taking up mentoring roles, or even by seeking a tribunal's secretary's position," she says.

Taking the initiative.

Momoh Kadiri is a 35-year-old solicitor at Mitchell Simmonds in London, and argues that being taken seriously in the ADR community is an issue of perception that one attaches to an individual as practitioner - whether as a mediator, an arbitrator or an adjudicator - as opposed to collectively as a group of young lawyers. Kadiri goes on to say that to be taken seriously, the onus is on the young lawyers themselves to be fully equipped with the right set of training skills and development as well as getting more involved in ADR practice to enhance their careers. "I chose to enter the ADR field because I saw it as a means to gain expertise in various types of dispute other than traditional litigation; I believe that young lawyers, like me, can offer a fresh perspective on ADR. Young lawyers are increasingly becoming interested in building a career in this field," says Kadiri.

Young lawyers are taken seriously, argues Dr Sam Luttrell, a 33-year-old associate of the International Arbitration Group of Freshfields Bruckhuas Deringer LLP based in Paris. "You only need to see the number of young lawyers speaking alongside the big names in arbitration at major conferences to see that we are being taken seriously. It seems to me that there are more young lawyers looking for international arbitration jobs than there are positions available. This would suggest that some ADR fields such as adjudication are clearly under-supplied, at least this is the case in Australia".

After completing his degree, Luttrell commenced work as an article clerk at Knott Gunning a firm based in Perth, Australia focused on dispute resolution. It was here that he was first exposed to ADR. After finishing his PhD Luttrell joined the dispute resolution group Allens-Linklaters working on arbitration in Australia and South East Asia. "I was always drawn to the contentious side of legal practice. In contrast to litigation, I liked how collegiate and informal the story telling process was in arbitration.

"The advantage a younger lawyer can bring to ADR, in particular international arbitration, is energy. In my experience there are other general advantages. Law schools are different today in comparison to ten years ago, with many offering specialised courses in ADR disciplines, formal training can give young lawyers a big picture advantage over more senior lawyers who have come in to arbitration from other practice areas. Having said that, nothing is more valuable than experience. It is only when formal training is married with time in the trenches that a young lawyer will be truly effective," says Luttrell.

The use of ADR processes such as mediation, arbitration and adjudication to resolve disputes by companies who trade internationally as well domestically will continue to rise and as a consequence the demand for arbitrators will in turn create opportunities for young lawyers starting out in their career as ADR professionals.

"Young arbitrators practising all over the world can enjoy the benefits of being a member of a thriving and active branch of the Chartered Institute of Arbitrators. Events and training are organised on a regular basis," says Thomas George, a 28-year-old legal consultant at DLA Piper LLP based in Dubai, who was fortunate enough to gain a high level of exposure to arbitration seats in London after undertaking training with a regional firm in the UK. Since joining his current firm, George has been involved in handling arbitrations with a dispute value in the hundreds of millions of US dollars. 

Lucy Chakaodza is a PR and Communications Executive at the Chartered Institute of Arbitrators (www.ciarb.org)

Source: CIArb