Approach
Principles
My approach is proactive, commercial, and practical. Most of my commercial mediations occur where litigation is imminent or on foot.
Preparation is key. I take time to understand each party’s legal position, commercial drivers, underlying interests, and goals for the mediation.
This early work helps build trust and rapport between myself and the participants; lawyers, clients, and experts.
It also enables me to design a process that is bespoke to the needs of each dispute and the parties, which helps to build the potential for the discussion and its outcomes.
During the mediation, I keep things focused and moving, even when progress feels difficult. When the path forward seems blocked, I help the parties explore alternative ways to overcome obstacles.
Reproduced with kind permission from Michael Leunig. Click on the image for more context.
I encourage everyone to bring their full energy to areas where agreement is possible, while staying realistic about what can and cannot be achieved. When agreement is not reached at the mediation and there are prospects for settlement, I am conscientious about assisting with post mediation discussions between the parties.
When mediating non litigated workplace disputes, careful preparation of the parties provides clarity around needs and goals, and allows me to tailor the process which is essential when addressing conflict concerning, management style, team dynamics, leadership tensions, or return-to-work issues.
Process
The steps outlined below provide an overview of how I usually structure a mediation process. They are based on the principles that guide my work, and they are not a fixed formula. Every situation is different, and I always adapt the process to suit the people involved and the commercial context.
If you would like to learn more about how I work or explore what the process might look like in your case, please be in contact with me. You can also get a sense of how this approach is experienced in practice by reading some of the testimonials shared by past participants.
For more complex matters, you can find more information on my WWL profile page.
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Initial intake via phone or email for information about the dispute, parties, and advisers
Agreement on whether mediation will be held in person or online, based on the parties’ needs
A follow-up email includes:
My Engagement Information document
The draft Mediation Agreement for review
An Intake Form to capture administrative details
Preliminary meetings are scheduled with each party and their advisers (typically via Zoom, but in person if more suitable)
Agreement on a date for the lawyers to supply an agreed Mediation Bundle
Timetable is set for the exchange of Position Papers or Statement of Issues for Mediation
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Separate meetings typically with each party and their legal advisers. Any other relevant experts/interpreters/funders may also attend if needed.
1. Agreeing any amendments to the mediation agreement
2. Making signing arrangements
3. Naming the participants: ensuring the right people attend and for communication to each party in advance of signing the mediation agreement
4. Authority confirmation: ensuring that each party will have a participant with full authority to enter into a binding agreement present and if not, agreeing a process for communication with such person when needed
5. Explanation of the mediation process – the various stages of the meeting, my role, expectations of parties and advisers, expectations of experts/interpreters/support people
6. Confidentiality requirements – confirming the terms of the Agreement or any changes needed to it
7. Confirmation of the bundle and any extra documents
8. Exchange of Position Papers/ Statement of issues: any questions arising
9. Discussion of goals for the mediation; including a discussion of interests legal/commercial/procedural/psychological
10. Opportunity for parties to raise any sensitive matter relevant to the dispute/ the relationship between the parties (commercial and personal) and any special needs of any person attending that may need to be accommodated.
11. Confirmation of fee payment in advance as agreed
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Agreed daily rate (8 hours), inclusive of all preliminary meetings and up to two hours of reading
Additional reading billed at an hourly rate
Half-day rate may be agreed on a case by case basis
Interstate and international travel expenses are agreed and itemised separately
Fees are to be deposited by each party at least 48 hours before the mediation
Cancellation fees are outlined in the Terms of Engagement