I can be appointed to mediate by companies or individuals directly, by OFMA, or by ASBFEO prior to litigation, or by solicitors acting for parties in litigation, or by court order.
Online or face to face
I can mediate face to face, at a venue provided by the parties, and can now provide online dispute resolution (ODR), saving parties the cost of hiring a venue, and the time and cost of travel.
While traditional face to face mediation is often preferred, I can also conduct mediation with some or all parties via video conference call using Zoom.
Prior to mediation date
If appointed by the parties to a dispute by agreement, prior to the mediation date I usually:
- provide a comprehensive mediation agreement;
- speak with each party or their advisers initially by telephone or online video conference;
- arrange or confirm the venue for the face to face mediation or set up the online mediation;
- conduct a preliminary conference with each party in accordance with the Practice Standards;
- read all legal and evidentiary material confidentially provided to me prior to the mediation and consider the issues in dispute and how the dispute might be able to be resolved.
At the mediation
You can expect that I will:
- appropriately converse with the legal representatives and other people who may be present during the mediation;
- conduct a joint session and private sessions with each party about the issues and possible options for resolution;
- work towards the parties engaging in constructive direct dialogue about the real issues and each party’s real interests;
- assist the parties to draft a legally binding agreement, if a resolution can be reached.