Mediation
No longer the alternative

“Where most, if not all, Courts and tribunals now require parties to participate in a dispute resolution process such as mediation before allowing legal proceedings to progress, it is clearly in the interests of all parties that sufficient time and resources be invested in preparing for interests-based negotiations. This includes discussing the parties’ underlying needs, interests and objectives from the outset to ensure that all parties are properly prepared for strategic and interests-focussed negotiations, as well as for any arguments on the facts and the law.”

– Stephen Dickinson, Ansr. Dispute Resolution

Where clients and professional advisors join together to resolve disputes

ONE
One party to a dispute (or more than one party with common interests) engages Ansr. with the support of their existing trusted advisor

TWO
Where necessary, Ansr. seeks further information and instructions from the client and their trusted advisor to identify the issues underlying the dispute as well as the legal rights and entitlements of the client, with a continued focus on the needs, interests and objectives of the client

THREE
Ansr. delivers a Dispute Resolution Plan that includes a summary of the parties’ respective positions, advice on the client’s legal rights and entitlements, reference to all relevant information and documents, recommendations regarding any further information, investigations and/or expert advice (including specialist legal advice) that may be required before negotiations commence, concluding with a recommended dispute resolution pathway

FOUR
Ansr. works with any additional expert or specialist, where necessary

FIVE
Ansr. prepares and sends correspondence to the other party or parties outlining the client’s legal rights and entitlements, detailing all information, documents and any expert opinion that supports the client’s position, and proposing a dispute resolution process (eg. mediation)

SIX
Ansr. represents the client during the course of that dispute resolution process, including at any mediation

SEVEN
Ansr. assists the client in having any agreed terms formally documented

EIGHT
Ansr. performs a post-settlement “check in” to ensure any agreed terms have been implemented

A good mediator will ensure that all parties are well prepared and then take sufficient time to listen and understand both the parties and their dispute.

Without this, the parties will not be in a position to make considered and informed decisions, and their interests and objectives will not be met.

Ansr. Mediation Guide

“In the course of mediations that I have conducted over the last 15 or so years, where Stephen has been representing one of the parties, he has always displayed a thorough understanding of the value to his client of achieving a mediated outcome wherever practicable.

Without ever compromising his client’s interests he has always been very frank and open with me, a quality which I have appreciated as a mediator. Moreover, it suggests that he has a real understanding of the difficulties and subtleties involved in conducting mediations.”

Simon Lane
MEDIATOR

Matters of note

  • Although the above process is recommended, Ansr. is available to perform mediations without each step being taken, noting however that pre-mediation sessions will always be recommended
  • Ansr. is available to conduct mediations before and after legal proceedings have been commenced
  • When delivering Ansr. Mediation Services, Ansr. is not able to provide legal advice to each or any of the parties
  • The need for additional specialist advice will be subject to the nature of the dispute and the financial means of the parties, and may involve the introduction of barristers, accountants, taxation/superannuation specialists, licenced valuers, engineers, builders, quantity surveyors, forensic accountants and other experts in their field
  • Ansr. has a network of highly skilled experts and specialists in each of these areas that can be recommended to clients
  • Ansr. may recommend that parties to a dispute obtain legal advice prior to, during or following a mediation if it becomes apparent that doing so is in the interests of the parties and the mediation process
  • In the unlikely event that a matter is not capable of being resolved, Ansr. has longstanding relationships with specialist litigation solicitors and barristers that can be recommended to clients where legal proceedings become unavoidable

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