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MEDIATION

A structured process for real solutions

A professionally facilitated mediation process to help parties in commercial disputes move from conflict to constructive outcomes. 

A CONFIDENTIAL, FLEXIBLE & COMMERCIAL WAY TO RESOLVE DISPUTES

What is Mediation?

Mediation is a voluntary and confidential process where an independent mediator helps parties in dispute to communicate, understand each other's perspectives and explore options for resolution. 

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Unlike a judge in litigation, a mediator does not decide the outcome. Instead, the parties retain control and, if agreement is reached, they decide the terms. Mediation can provide a practical and commercial alternative to court proceedings, tailored to the needs of the dispute and the parties involved. 

Party-led

The parties retain control over the outcome.

Confidential

A confidential process to discuss issues and explore solutions.

Flexible

Adapted to the dispute and the parties' needs. 

Commercial Focus

Explores practical, workable solutions. 

a clear process. meaningful progress. 

How the mediation process works

01

Initial enquiry & discussion

An initial discussion (sometimes called intake) to understand the nature of the dispute, the parties involved, proposed timing and any specific requirements, and to determine the most appropriate arrangements for mediation. 

02

Preparation

The parties provide an agreed mediator's brief at least 1 week prior to the mediation, containing relevant pleadings and, if necessary, key documents. If appropriate, each party may also prepare a position paper outlining its perspective on the dispute and the key issues for resolution. These materials are reviewed by the mediator in advance to support a focused and productive mediation. 

03

The mediation day

Mediation may take place in person or online. The process typically involves an opening session, followed by joint discussions and private sessions as appropriate, with flexibility to adapt as discussions progress. 

04

Exploring options

Through facilitated discussions, the parties identify the issues standing in the way of resolution, consider the risks and opportunities, and explore practical, commercially workable solutions. 

05

Agreement & next steps

If agreement is reached, the terms can be documented by the parties and their legal representatives (or, in some cases, the mediator). Where a dispute is not fully resolved, mediation may still assist in narrowing the issues and identifying the next steps. 

Mediation Sessions

  • Half-Day Mediation

    3 hr session | $2,500 + GST (Standard)

  • Full-Day Mediation

    8 hr session | $4,000 + GST (Standard)

Guide to Fees

Total fees depend on the length and complexity of the mediation, the preparation required and any associated arrangements (such as travel or venue hire). 

 

A standard half-day mediation includes:

  • Up to 3 hours pre-mediation management (conferring with parties, reading materials, preparation);

  • Up to 3 hours for the mediation session; 

  • Up to 1 hour post-mediation follow up (where necessary). 

 

A standard full-day mediation includes:

  • Up to 4 hours pre-mediation management (conferring with parties, reading materials, preparation);

  • Up to 8 hours for the mediation session; 

  • Up to 1 hour post-mediation follow up (where necessary). 

 

Additional time will be incurred only with the express agreement of the parties and charged at an agreed hourly rate. 

 

A clear fee proposal will be provided before the mediation is confirmed so that parties understand the mediator's fees and applicable terms in advance. 

A TAILORED APPROACH FOR COMPLEX COMMERCIAL DISPUTES

What's included

Pre-mediation management

Guidance on process, timing and preparation requirements. Intake meetings with parties. 

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Review of materials

Consideration of the mediator's brief and, if appropriate, position papers in advance. 

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Flexible process

A mediation structure tailored to the needs of your dispute.   

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Practical Guidance

Support to explore options and test proposals constructively. 

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Outcome support

Assistance with recording any agreement, if necessary, and identifying next steps where required. 

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Frequently asked questions

A tailored approach

Each dispute is different. Caitlin takes a practical and flexible approach, adapting the process to suit the issues, the parties and the commercial context, with a focus on creating the right conditions for constructive dialogue and a meaningful outcome. 

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