Mary Walker OAM has been at the forefront of Alternative Dispute Resolution (ADR) in Australia for the last 36 years. During this period, as a member of an independent Bar, Mary has arbitrated, mediated, facilitated and negotiated across jurisdictions and substantive legal areas, multi-party complex disputes including class actions, designed dispute resolution systems and provided expert appraisal and ombudsman services (Ombudsman for the Mortgage and Credit Industry) in respect to thousands of disputes referred by solicitors, industry and government bodies and corporations both domestic and international.  She is also internationally recognised as an ADR practitioner and expert. Mary has a substantial international practice providing legal advice, advice on practice and procedure to arbitral institutions including ADR and mediates across borders. Mary Walker is an experienced barrister and appeared before the High Court of Australia, Court of Appeal and Supreme Court of NSW, Supreme Court of the ACT, Supreme Court of Western Australia, Federal Court of Australia Full Court and at trial and most specialist courts in New South Wales including the Land and Environment Court.

Mary is a multi-award-winning mediator and was awarded the Inaugural Australian Mediator of the Year Award in 2016by the Australian Disputes Centre, again awarded Mediator of the Year in 2017 and 2018 and was also awardedInternational Mediator of the Year in 2018 and 2019. Mary was inducted into the Australian ADR Awards Hall of Fameas its Inaugural member in 2019 (once inducted into the Australian ADR Awards Hall of Fame, you are no longer eligible to be nominated for future ADR Awards, see here). Mary is noted in the Inaugural Doyle’s Mediator List as a Leading Mediator in 2018 and subsequently in 2019-2026. Mary has been recognised in the Best Lawyers List 2022-2026. Mary is a Fellow of the Australian Dispute Resolution Association (ADRA), awarded for Outstanding Contribution to Australian Dispute Resolution in 2017. Mary was awarded a Medal of the Order of Australia (OAM)“For Service to the Law “in 2021.

Mary has mediated over 8,000 matters and is a member of many mediation panels including superior court panels in Australia. Mary is internationally accredited as a Mediator and Mediator Advocate by the International Mediation Institute. Mary was invited to attend the first intake and was certified as an Investor State Mediator by CEDR (London in 2017) and is a member of the Singapore International Mediation Centre Panel, JIMC-Kyoto Mediator Panel, CCPIT (Beijing) Mediation Panel and an Investor-State Mediator with the Abu Dhabi Global Market Financial Centre (ADGM) as well as many other panels. Mary is an ICC Australian Chamber of Commerce Arbitrator, an NBN Panel Arbitrator approved by the Australian Competition & Consumer Commission (ACCC) in 2016-2023, was appointed as a Mortgage and Credit Industry Ombudsman from 2001 to 2005 and was appointed as a Conciliator, Mediator and Investigator for the Sydney Futures Exchange in the 1990’s.

Mary lectures extensively and presents internationally at universities and at international conferences and before judicial commissions.  Mary Walker distinguished herself in ADR and was sponsored by Harvard University in 1995 to teach mediation with Professor Frank Sander, Professor Emeritus at Harvard Law School who is lauded as the initiator of the modern development of ADR.  She develops and advises on ADR Systems for industry, courts and countries in both consensual and determinative methods of ADR.

Inquiries

Appointed by the Federal Government to head an Inquiry into the Designation of Aboriginal Sites in the Western Australian Nickel and Goldfields for the Federal Minister for the Environment and Heritage pursuant to section 10 (1)(c) of the Aboriginal and Torres Strait Islander Heritage Protection Act 1984. This appointment required hearing evidence and dealing with the interests of four Aboriginal peoples, a large number of mining and exploration companies, the Western Australian Government and other interested parties.

Appointed by the NSW Minister for National Parks and Wildlife and the NSW Minister for Mineral Resources to inquire into, and prepare a report in respect to, the designation of an Aboriginal heritage site in NSW known as the Pinnacles in the vicinity of Broken Hill, (Re Declaration of the Pinnacles and Surrounding Area as an Aboriginal Place pursuant to the National Parks and Wildlife Act 1974 (NSW), and Issues Relating to the Future Management and Use of the Pinnacles including a review of and consultation relating to the Findings and Recommendations made by Dr Warrell (The “Warrell Report” 1996), requiring the hearing of evidence, receiving submissions, dealing with the interests of mining companies, exploration companies, groups of aboriginal peoples and community interests.  This inquiry was held soon after the same process adopted for the Hindmarsh Island Bridge Inquiry with many of the same parties and in which Justice Matthews held the same role as an inquirer.  The subsequent High

Court case, Wilson v Minister for Aboriginal & Torres Strait Islander Affairs (“Hindmarsh Island Bridge Case”) [1996] HCA 18, 189 CLR 1, outlines the process:  http://www.austlii.edu.au/cgi-bin/sinodisp/au/cases/cth/HCA/1996/18.html?stem=0&synonyms=0&query=title(Hindmarsh%20)

High Court and Superior Courts

Mary has appeared in the High Court and Court of Appeal when few women appeared as counsel for example, she was counsel before the High Court of Australia in the test case on litigation funding - Campbells Cash & Carry Pty Limited v Fostif Pty Limited; Mobile Oil Australia Pty Ltd v Trendlen Pty Ltd [2006] HCA 41 (http://www.austlii.edu.au/cgi-bin/sinodisp/au/cases/cth/HCA/2006/41.html?stem=0&synonyms=0&query=title(Campbells%20Cash%20)); also in Street v Queensland Bar Association (1989) 168 CLR 461, junior to David Bennett QC, 80666108 (I appeared alone/not led on the last day of the hearing when few women appeared in the High Court), involving the interpretation of the Australian Constitution; sections 117 and 92 (http://www.austlii.edu.au/cgibin/sinodisp/au/cases/cth/HCA/1989/53.html?stem=0&synonyms=0&query=title(street%20)); in Brodie v Singleton Shire Council; Ghantous v Hawkesbury City Council  [2001] HCA 29 (as junior, concerning the doctrines of non-feasance and misfeasance (http://www.austlii.edu.au/cgi-bin/sinodisp/au/cases/cth/HCA/2001/29.html?stem=0&synonyms=0&query=title(brodie%20)); and in Campbells Cash & Carry Pty Limited v Fostif Pty Limited; Mobile Oil Australia Pty Ltd v Trendlen Pty Ltd [2006] HCA 41, (Intervener, as junior, concerning maintenance, champerty and litigation funding.  She also appeared in special leave applications in the High Court as junior to Jeffrey Hilton SC (+61 419872888) and alone.

Appearance Before Senate Committee

On 21 March 2019, she appeared on behalf of the Law Council of Australia before the Senate Legal Constitutional Affairs Reference Committee on the Resolution of Disputes with Financial Service Providers within the Justice System, arising from the Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry(Hansard; https://parlinfo.aph.gov.au/parlInfo/download/committees/commsen/5a1341b7-175f-4a34-8874-d68818a74182/toc_pdf/Legal%20and%20Constitutional%20Affairs%20References%20Committee_2019_03_21_7019.pdf;fileType=application%2Fpdf#search=%22committees/commsen/5a1341b7-175f-4a34-8874-d68818a74182/0000%22).

Appearances before the United Nations

Mary appeared on behalf of the International Bar International Bar Association at The United Nations before the United Nations Commission on International Trade Law (UNCITRAL) 56th Session held from 3 July – 21 July 2023, Vienna.  The 56th Session agenda included: the draft code for arbitrators in international investment dispute resolution (A/CN.9/1148); draft code for judges in international investment dispute resolution (A/CN.9/1149); draft provisions on mediation (A/CN.9/1150; draft guidelines on investment mediation (A/CN.9/1151); draft guide on access to credit for micro, small and medium-sized enterprises (A/CN.9/1156); UNCITRAL Colloquium on Climate Change and International Trade Law (A/CN.9/1153); draft guidance on the text relating to early dismissal and preliminary determination for inclusion into the UNCITRAL notes on organizing arbitral proceedings (A/CN.9/1145); consideration of the reports of Working Groups II (Dispute Settlement), III (ISDS Reform), IV (Electronic Commerce); the report of the regional Centre for Asia and Pacific (A/CN.9/1137); and the current role of UNCITRAL in promoting the rule of law, status of conventions, model laws and the operation of the Transparency Registry and other technical matters.

Mary also appeared on behalf of the International Bar Association at The United Nations before the United Nations Commission on International Trade Law (UNCITRAL) 55th Session held from 27 June – 15 July 2022, online (New York).  The 55th Session agenda was also extensive and dealt with Working Group II (Dispute Settlement), draft recommendations to assist relevant bodies with regard to mediation under the UNCITRAL Mediation Rules (A/CN.9/1118); draft model law on the use and cross-border recognition of identity management and trust services; electronic commerce and digital economy;

consideration of report of Working Group I (MSME’s), Working Group II (Dispute Settlement), Working Group III (ISDS Reform), Working Group V (Insolvency Law) and other matters relating to trade law including the application of the United Nations Convention on International Settlement Agreements Resulting from Mediation (The Singapore Convention).

She is an expert on dispute resolution and is invited to speak at international forums on dispute resolution processes including hybrids and court annexed processes including events such as AI For Developing Countries Forum (AIFOD) hosted at the United Nations Vienna and Geneva by the United Nations Office on Drugs and Crime (UNDOC), Equal Access to the Law on 17-18 July 2024 at the United Nations in Vienna on Transforming Justice with AI: Balancing Opportunities and Challenges – Using ADR in collaboration with UNDOC, supported by 150 NGO’s. Expert, Speaker invited to speak on Transforming Justice with AI: Balancing Opportunities and Challenges – Justice Without Borders (ADR Pathways with Cultural Integrity and AI Impact on Judicial Systems) at the AI for Developing Countries Forum, hosted at the United Nations, Vienna Declaration, Vienna, 22 July 2024, Moderator, Philip Hackett KC, President of the Geneva International Dispute Resolution Institute, Chair AIFOD; Justice Without Borders and the Global Order 2030hosted at the United Nations Geneva and AIFOD Empowering the South: AI Investment & Sustainable Developmenthosted at the United Nations Vienna. Other recent examples include the International Academy of Mediators, Masterclass: Multi-Party Environmental Dispute Resolution - Cultural Integration and Local Innovation and International Mediation Institute Mediation, Ethics and Integrity, with the Vienna International Arbitral Centre in Mediation and at the IX International Forum "Mediation and Law" Mediation as Part of the Arbitration Eco-Systemamongst other presentations with LAWASIA (Environmental Dispute Resolution August 2026) and the Commonwealth Lawyers Association and the International Academy of Mediators.

Examples of International Working Groups

 Appointed AIFOD Chair: Working Group III - AI in Developing Nations, Cultural Integration, Local Innovation and Data Sovereignty, United Nations, Geneva, January 2025 Report submitted July 2025. Expert, Speaker invited to speak on and moderate the panel: Towards a Fair Global Digital Order 2030, January 2025.

Appointed AIFOD Chair: SC2 - Working Group on Shared Development and Benefit Sharing Standards Committee (ADR, legal issues, data sovereignty, cultural relevance, community engagement within ADR principles), Report submitted July 2025. Expert speaker invited to speak on and moderate a panel: Empowering the South: AI Investment & Sustainable Development, United Nations Vienna, 18 July 2025.

Law Reform Commissions

Australian Law Reform Commission, NSW Law Reform Commission, Productivity Commission

Mary was invited to attend the New South Wales Law Reform Commission consultation process (NSWLRC re CP18) on 18 July 2017 to provide my views in respect to the proposed: Statutory Provisions on Dispute Resolution – Dispute Resolution: Model Provisions.  Previously, I was a Working Group Member of the Australian Law Reform Commission Inquiry into Managing Justice – Review of the Adversarial System of Litigation. I prepared submissions on behalf of the Bar Association to the Productivity Commission Inquiry into Access to Justice Arrangements on Litigation Funding and also separately on Dispute Resolution and ADR (and also prepared submissions on this topic for the Law Council of Australia).

Examples of Publications

• A Chapter entitled ‘Alternative Dispute Resolution’, in Resolving Civil Disputes Alternative Dispute Resolution 2nd ed., (a textbook for law students, University of NSW publisher Lexis Nexis 2023) editor, Professor Michael Legg UNSW Law & Justice, m.legg@unsw.edu.au.
• The ADR Chapter focusing on Environmental Dispute Resolution in the 21st Century (The Environmental Court in Action with The Honourable Justice Brian Preston HFEIANZ and Professor Elizabeth Fisher, Oxford University, 2022 by Hart Publishing.
• The United Nations Convention on International Settlement Agreements Resulting from Mediation (Co-author, International Bar Association, Dispute Resolution International Journal, 2020).
• A Chapter in Civil Justice Systems, Redress for Healthcare Injuries (with Professor Christopher Hodges, Professor of Justice Systems and Supernumerary Fellow of Wolfson College, Oxford Head of the CMS/Swiss Re Research Programme on Civil Justice Hailand Systems, Centre for Socio-Legal Studies, University of Oxford and Sonia McLeod, Centre for Socio-Legal Studies, University of Oxford. The book was published in 2017 by Hart Publishing and Bloomsbury Publishing).
• With the Law Council of Australia ADR Committee (which I Chair), Ethical Guidelines for Mediators, Ethical Guidelines for Lawyers in Mediation and Ethical Guidelines for Parties in Mediation and a Commentary on Med-Arb, produced to give guidance to the legal profession in engaging in hybrid ADR processes.
• Contributed to the drafting of Court Practice Notes (Federal Court and NSW Land & Environment Court) on mediation. and many articles on various aspects of mediation and ADR including the teaching assistants’ manual for the Harvard University Law School mediation course (mid-1990’s).
• “Judgments & Orders” in Court Forms, Precedents & Pleadings New South Wales published by LexisNexis Butterworths (updating for publication in 2021 and in 2021).
• ADR Chapter in The NSW Bar Association publication, Centenary Essays – Alternative Dispute Resolution and The Bar (Chapter 13, Lexis Nexis Butterworths, 2002).
• Mary was the first author of the Laws of Australia Chapter on Expert Determination.
• She was a lecturer in the Bar Advocacy course for 20 years and provided numerous CPD’s for the Bar and legal profession as well as for judicial commissions.
• Mary is also a member of many editorial boards on Dispute Resolution including the International Bar Association and American Bar Association and Australian Dispute Resolution Journal.

Examples of Advisory Boards and Committees – International and Domestic

Mary is a member of the Advisory Board of the Hague Court of Arbitration for Aviation (HCCA), a member of the International Bar Association Advisory Board of the Mediation Committee and previous Chair of the International Bar Association Mediation Committee.  She was previously Chair of the Law Council of Australia’s (LCA’s) International Law Section (ILS) and is Chair of the LCA Federal Dispute Resolution Section ADR Committee and Co-Chair of the ILS International Arbitration Committee and Co-Chair of the ILS South Pacific Issues Committee.  In her role as Chair of the Law Council of Australia’s Expert Standing Committee on ADR, she contributed to the submissions for the amendment to the International Arbitration Act 1994 and LCA’s Trilogy of Guidelines for Mediation as well as many other contributions.  Mary was Chair of the NSW Bar Association’s ADR Committee and a member of the NSW Supreme Court ADR Taskforce and ADR Committee (1996-1999 and 2007-2022). She is Co-Chair of the International Bar Association and Vienna Arbitration Centre CDRC Advisory Committee (2023 - 2026). Mary is currently an Australian delegate to the ICC Paris and was a member of the ICC Commission on Arbitration and ADR Task Force on ADR and Arbitration, Paris (2020-2022) and she was previously a long-term Chair of the NSW Bar Association ADR and Arbitration Committees and Supreme Court ADR Taskforce/Committee on ADR.

Judicial Commissions

Mary has provided advice re practice and procedure and for the adoption of ADR and mediation to the Judicial Commission and Government of Mongolia, provided advice to and trained Mongolian judges in family dispute resolution and mediation, provided advice to the Beijing Arbitration Centre re Commercial ADR, drafted rules for the International Court of Arbitration for Aviation in the Hague, provides advice to the Law Societies and Bar Associations re the drafting of the ADR and legal profession  legislation I and provided expert advice for the International Mediation Institute on Standards, Ethics and Quality Assurance. She has delivered lectures on behalf of Judicial Commissions or for Courts and Tribunals such as The South Australian Judicial Commission, Judicial Development Program, Judicial Dispute Resolution to the Court of Appeal, Supreme, District and Local Court Judges, August 2012; New South Wales Judicial Commission ADR Craft to the Land & Environment Court of NSW May 2013 (Preston CJ); COAT/Law Society of South Australia Best Practice for Tribunals: A Model for South Australia -The Integration of ADR into Courts and Tribunals, June 2013 and previously presented at the Australasian Courts and Tribunals Sixth Annual Conference on ADR Theory and Tribunal Practice.  Mary Walker delivered a lecture to the Industrial Relations Commission Annual Conference on ADR for the NSW Judicial Commission on 17 October 2013 and for the Judicial Commission of New South Wales to the judges and Court officers of the Land and Environment Court on International Mediation and Conciliation on 18 May 2018.

Women Barristers Forum NSW

She established the Women Barristers Forum as a section of the NSW Bar Association. She was the Inaugural President/Convenor of the Women Barristers Forum at the NSW Bar and established and developed the Women Barristers Forum 2002-2007, negotiated the Forum becoming a Section of the NSW Bar Association in 2007 and became the Inaugural Chair of the Section.