A widely respected authority in arbitration and mediation, Royden Hindle became Director of Professional Studies at Arbitrators’ and Mediators’ Institute of New Zealand (AMINZ) in 2014 followed by a two-year term as President of AMINZ. In 2021 he was awarded with an Honorary Life Membership of AMINZ. At the end of last year he stepped down from his role as Director of Professional Studies. We speak with Royden about his impressive career in arbitration and mediation, his experiences as Director of Professional Studies, and the evolution of dispute resolution in New Zealand. 

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What drew you to arbitration as a career path?

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As a junior litigator, I was lucky to have a lot of exposure to arbitration across a wide range of subject matters including forestry, trade practices, general commercial claims and of course construction. It has always seemed to me to be an obvious way of going about determinative dispute resolution. I was also lucky to have many great role models to follow, and to get some appointments at an early stage (I wrote my first Award after hearing in 1994). So, when my stint at the Human Rights Review Tribunal came to an end in 2011, I guess that arbitrating was the obvious choice. Certainly, being in the middle of a dispute feels far more comfortable to me than being on one side or the other.

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You had been Director of Professional Studies at AMINZ for over ten years. What was the most rewarding aspect of the role, and what was the most challenging?

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The Inaugural Aotearoa New Zealand Arbitration Survey that Anna Kirk, Diana Qiu and I did in 2022 shows that domestic arbitration is flourishing. There is satisfaction in having had some part to play in that, no matter how small it may have been. My attitude has always been that a rising tide floats all boats. I treasure the collegiality of many other experienced arbitrators. It is particularly rewarding to see those who have attended the AMINZ Arbitration Skills training, or come through Fellowship, and who are starting to get appointments. I also love seeing former AUT students emerging into the profession.  

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As for challenges, well, the Director’s role did take up a good deal of time. I always felt the responsibilities involved in evaluating Fellowship candidates very keenly. But these are small things, really, and far outweighed by the rewards.

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You have over four decades of experience in dispute resolution. How has the field of dispute resolution evolved in Aotearoa?

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Too big a question! How can one even begin to explain to practitioners who have never known a time before the internet and social media what litigation looked like in an era when the only way of real time ‘written’ communication was by telex? And yet I suppose that in many ways the terminology tells the story. In the early 1980s disputes were dealt with by litigation, and they were settled by negotiation, if and when the lawyers got around to that. Today we talk in terms of dispute resolution. In doing so we take for granted what is now a highly developed industry characterised by skilled professional mediators, and advocates for whom interest-based outcomes are the expectation and the objective. If I were to pick one thing, I think it would be the change in attitudes and approach that are reflected in that. 

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As you now turn to focus on your own arbitration practice, what are you most looking forward to this year? 

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I welcome having more time to devote to my practice as an arbitrator and construction adjudicator.  

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What advice would you give to those starting out as arbitrators?

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Becoming an arbitrator is a long run game. Take care to understand what you are doing and what the expectations and limitations of the role are. Be courteous, always.  Look to give something back to the industry as and when you can – attend seminars and conferences, write articles, encourage more junior lawyers to engage in arbitration. You will always get more from that than you give. And do enjoy the work when it comes in – it is always a privilege to be asked to act as arbitrator.