Making the most of pre-action meetings with a facilitator
Before heading to court in South Australia, parties are required to meet and try to solve their issues (Uniform Civil Rules, rule 61.12).
Pre-action meetings (in my experience and the broad experience of other lawyers I have spoken to) are too often treated as just the last of a series of mandatory steps before filing a claim. Perhaps the expectation is that genuine negotiations won’t occur until after that claim is filed.
In reality, when parties are ready for a pre-action meeting, they are (or should be) in an excellent position to negotiate a settlement.
A facilitator can help the parties get the most out of a pre-action meeting.
What clients really need in mediation
Lawyers involved in more than a few mediations get a sense of when a mediation should settle and when settlement is only a remote chance. Sometimes the parties’ expectations are not far apart, and other times there is a gulf that seems too far to cross.
But sometimes disputes that should settle don’t, and some that no one expects to settle do.
Whether your client realises it or not, they want three things from a ‘successful’ mediation, and those three things play a big part in success or failure of the mediation.
Preparing for mediation
Many participants in mediation have never been involved in one before and have little idea of what to expect. Even many lawyers think of mediation simply as a conference where parties meet to negotiate the resolution of a dispute. That is certainly an element, but it is important to understand that the structure and process of the mediation also plays a vital part in setting the disputing parties up for success.
This is the first article in a series about participating in mediation. This article is suitable for parties facing a dispute, and for lawyers looking to prepare their clients for mediation.
Is alternative dispute resolution the better alternative for insured parties?
Adam Rosser presented to insurance professionals of the Australian Professional Indemnity Group on the topic of alternative dispute resolution.
All too often, parties (insured or not) get trapped in a cycle of litigation to the death or to exhaustion. In this paper, Adam looks at some alternatives and when they are appropriate.
Is your dispute ‘over-ripe’ for mediation?
Not all mediations are equal. Most litigators have experience with disputes that settle early, on sensible terms, and with contented clients. Most also have experience with disputes which settle on the doorstep of the trial simply because the parties have run out of time, willpower, money, or some combination.
It is essential that parties and their advisers consider when a mediation has the best chance of success, and it may not be when you would think.
What is the difference between mediation and arbitration?
Many people think that mediation and arbitration are the same, but they are not.
However, mediation and arbitration do share some important features, that make them a more attractive way to settle disagreements than going to court.
Why this new legal practice?
I have recently established a new legal practice, intending to focus on commercial law and resolving disputes, without litigation if possible. I will now accept appointment as a mediator or facilitator to help parties resolve their disputes with fewer regrets. In this post, I explain why.