ABOUT CAITLIN

Commercial litigation experience.
A practical approach to resolution.

Caitlin Shand is the Founding Mediator and Director of Shand Mediation and Consulting, a Brisbane-based practice focused on commercial mediation and dispute resolution.

With a strong background in commercial litigation, fostered over 18 years, Caitlin established the practice to help businesses, individuals and their advisers resolve complex disputes in a more cost-effective way.

Her approach is informed by deep legal and commercial experience, a commitment to impartiality, and a focus on practical outcomes that allow parties to move forward.

EXPERIENCE SHAPED BY COMMERCIAL DISPUTES

A deep understanding of how disputes unfold

Caitlin brings almost two decades of experience in commercial litigation and dispute resolution, working on complex and high-value disputes across a range of industries.

Her experience has given her a detailed understanding of how disputes arise, evolve and are resolved - both in and out of court. She has worked with businesses, individuals and legal teams at all stages of the dispute lifecycle, from pre-action and early strategy through to trial and appeal.

This experience provides a valuable foundation for her work as a mediator.

Having seen the time, cost and uncertainty that is inherent in litigation, Caitlin understands the importance of creating opportunities for parties to explore practical, commercially sensible outcomes.

She combines strong analytical skills with a commercial mindset and an appreciation of the human dynamics that often sit behind the legal issues. This enables her to quickly grasp the key issues, understand the parties' objectives and facilitate focused, productive discussions.

Experience informs the view.

Mediation creates the opportunity.

COMPLEX DISPUTES. REAL SOLUTIONS

A more constructive way forward.

WHY MEDIATION

A better way to resolve disputes

Litigation has an important role to play. Some disputes need to be determined by the Court. But many do not.

Mediation gives parties an opportunity to step outside the litigation process and examine their dispute differently. It creates space to test assumptions, assess risk and explore outcomes that may not be available through a judgment.

Importantly, the decision remains with the parties. They control the outcome.

Having spent much of her career working within litigation, Caitlin understands both its advantages and its limitations. She also understands the significance of the moment when parties come together at mediation and have a genuine opportunity to resolve their dispute.

That understanding has led Caitlin to make mediation the central focus of the next stage of her career.

WHY THE PIVOT?

A deliberate progression

Caitlin's move from litigation into mediation and consulting is a deliberate progression.

Her years in commercial litigation taught her the anatomy of a dispute - now Caitlin is focusing that experience on helping parties find better ways to resolve them.

As a litigation lawyer, Caitlin's role was necessarily to advance her client's position. While that remains the case in her consulting work, as a mediator her role is fundamentally different. She is independent and impartial. She is not there to determine who is right, provide legal advice or impose an outcome.

Instead, Caitlin's role is to understand the dispute, facilitate productive discussions, help parties identify what may be preventing resolution and support them in exploring mutually beneficial options for resolution.

Her litigation background means she brings to that role an established understanding of the environment in which commercial disputes exist - and the practical realities that influence decision-making.

CAITLIN'S APPROACH

Prepared. Commercial. Calm. Independent.

PREPARED

Effective mediation starts well before the parties enter the room. Caitlin takes the time to understand the background to the dispute, the issues that matter and the positions the parties bring to the mediation.

COMMERCIAL

Legal rights matter, but they are rarely the only consideration. Caitlin encourages parties to consider the commercial realities of their dispute alongside the legal issues - including cost, time, risk, relationships and the practical consequences of continuing litigation.

CALM

Commercial disputes can be demanding and, at times, deeply personal. Caitlin seeks to create a calm, professional environment in which difficult issues can be discussed constructively and respectfully.

INDEPENDENT

A mediator is not an advocate for either side. Caitlin approaches each mediation independently and impartially, without preconceptions about the parties or the outcome they should reach.

LITIGATION AND DISPUTE RESOLUTION CONSULTING

Additional support where it adds value

Caitlin also provides litigation and dispute resolution consulting services. These services draw on her commercial litigation experience and are designed to provide additional strategic support where an independent and experienced perspective can assist with the management of a dispute.

Considering mediation for a commercial dispute? Or need strategic advice and support?

Shand Mediation and Consulting welcomes enquiries from parties and their legal advisers.

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