Not every dispute needs a judgment.
Litigation is sometimes necessary.
But a court judgment is not the only way to resolve a dispute.
Mediation gives parties the opportunity to explore whether they can find their own solution, with the assistance of an independent mediator.
Resolve the problem. Not just the argument.
Two distinct services
Independent mediation
Vicki Unsworth and Hazel Smith are qualified and accredited mediators and can accept appointments to act independently as mediator.
The mediator does not represent either party.
Their role is to manage the process, help identify the issues and facilitate meaningful discussion about whether agreement can be reached.
Representation in mediation
Our Advocates also represent clients participating in mediation.
In that role, we advise the client, prepare the case, assist with negotiation and protect their legal position throughout the process.
The roles are separate.
What can be mediated?
- Commercial disputes
- Civil claims
- Family disputes
- Employment disputes
- Professional negligence
- Property disputes
- Personal injury and clinical negligence
- Other contentious matters
Whether it is suitable depends upon the particular dispute and the people involved.
A mediator is not a judge.
The mediator does not decide who is right.
They do not impose an outcome.
And when acting as mediator, they do not give either party legal advice.
We do not decide the dispute. We help the parties explore whether they can.
Mediation & litigation
Mediation does not require weakness in a case.
Nor does agreeing to mediate mean abandoning the possibility of court proceedings.
Often the two processes exist alongside each other.
Being properly prepared for litigation can help parties negotiate realistically.
Being prepared to go to court can help create the conditions in which meaningful settlement becomes possible.
Confidentiality
Mediation is ordinarily conducted on a confidential and without-prejudice basis, subject to the applicable agreement and legal exceptions.
That allows parties to explore possible solutions without simply rehearsing their public litigation positions.
