Mediation is a process by which the parties to a dispute set out their positions and negotiate towards a mutually acceptable outcome with the assistance of a neutral third party. Mediation conferences can be informal or formal in nature.
A mediator’s role is to assist the parties in reaching a resolution, rather than making a binding ruling. The process is designed to assist the parties to reach a settlement by enabling them to communicate their respective issues and positions.
Modern contracts often require parties to mediate with respect to their differences before commencing court proceedings.
Current court case management requirements in most Australian jurisdictions also include a mediation step with a judicial officer of the court acting as the mediator. Some jurisdictions such as the Federal Court of Australia have formal rules as to information that needs to be provided to a client prior to the mediation conference, such as costs incurred to date and likely costs to trial.
Rowe Bristol Lawyers has extensive experience in providing legal advice and services in relation to mediations and other dispute resolution methods, including:
- assessing prospects of success and commerciality of relevant claims to enable the client to consider an offer of settlement;
- assessing issues raised by the parties and liaising with the other parties to ensure that contentious issues are limited prior to the mediation and otherwise appropriately discussed at the mediation conference;
- representing the client at the mediation conference and negotiating with respect to settlement of the dispute; and
- preparing a deed of settlement and release that records the outcomes of a successful mediation and protects future interests of the client.
If you require legal advice in relation to mediations or dispute resolution methods generally, please contact us to arrange a meeting so that we may consider your specific circumstances.
The above information is provided as general information only and should not be relied upon as legal advice. The accuracy of this information may have changed from the date when it was published.