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

ONE
Two or more parties to a dispute jointly engage ANSR with the support of their existing trusted advisor(s) by completing the ANSR Online Instruction Form

TWO
ANSR works with the parties and their trusted advisor(s) to identify the issues underlying the dispute, and the needs, interests and objectives of the parties

THREE
ANSR delivers a Dispute Resolution Plan that includes a summary of the parties’ respective positions, reference to all relevant information and documents, and recommendations regarding any further information, investigations and/or specialist advice (including legal advice) that may be required before negotiations commence

FOUR
ANSR meets with each party and their trusted advisor(s) in preparation for mediation

FIVE
ANSR conducts a mediation between the parties during which ANSR performs a neutral and impartial role in guiding the parties towards a mutually acceptable and durable outcome

SIX
ANSR assists the parties in formally documenting
any agreed terms

SEVEN
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

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“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 (unless and until formally instructed to do so by all parties in writing)
  • 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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