www.mediator.com.au

advantages

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Advantages of our Services Do you have trouble translating your project to a mediator who has little or no understanding of the Information Technology, Intellectual Property or Telecommunications issues involved? Technology Arbitrators, Expert Determiners and Mediators offers mediation services solely in relation to those disputes. This provides you with with highly skilled and cost effective mediation services in those areas.

agreement

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Mediation Agreement Click here/[PDF] to read our standard Mediation Agreement and Schedule of Fees. If you have a preferred mediation agreement you would like to use then please forward same to us. In many cases the agreements provided by the parties are acceptable.

analytical_techniques

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Analytical Techniques in Mediation Analytical techniques include: * Mediator discussion and analysis of legal and factual issues (including strengths, weaknesses, or both) without necessarily articulating conclusions and opinions * Mediator questioning about specific legal or factual issues, sometimes referred to as “reality testing” eg

appointingauthority

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Appointing Authorities We accept appointments from: *

binding

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How is a binding agreement reached at mediation? * The mediation process is concluded by the parties executing a written agreement. * In A W Ellis Engineering Pty Limited and Ors v Malago Pty Limited and Ors the parties reached agreement at a mediation but one party denied that an enforceable agreement was in fact concluded.

cases

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Mediation Cases 2015 * Jingalong Pty Limited v Todd 2014 * Cook v Taing CONTRACT – Settlement – previous mediation – mediation agreement – subsequent negotiations between parties – whether mediation agreement continued to apply – meaning of “mediation” – mediator reporting to court – parties’ representation to court that proceeding settled – correspondence between parties purporting to settle proceeding – whether settlement subject to written contract – binding agreement reached – Mas…

civilprocedureact2010

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Pre-litigation Requirements “I want to litigate. Do I have an obligation to mediate before litigation?” In some jurisdictions yes you do. Federal Legislation * Federal Court of Australia Act 1976 (Cth), s37N(1), s37N(2) * Civil Dispute Resolution Act 2010 (Cth) * This Act applies to civil proceedings instituted in the Federal Court and the Federal Magistrates’ Court (excluding some proceedings set out in Part 4).

clauses

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Mediation Clauses * Australian Centre for International Commercial Arbitration * Mediation Clauses * Australian Commercial Disputes Centre * ACDC Clauses and Guidelines * Chartered Institute of Arbitrators * Model contract clauses and agreements * International Chamber of Commerce * Standard ICC Dispute Boards Clauses * Suggested clauses for ICC ADR * LEADR * LEADR Model mediation clause * The Institute of Arbitrators & Mediators Australia * Standard Clause…

clientfeedback

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Client Feedback Some feedback we have received from our clients: * “..By reason of Mr White’s facilitation we were able to illustrate to the other side why the matter should be promptly settled and it was!”, Solicitor * “..We want to thank all for the continuous support received by

contact

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Technology Arbitrators, Expert Determiners and Mediators Melbourne Office Sydney Office Telephone +613 9629 3709 +612 9233 2600 Facsimile +613 9629 3217 +612 9233 3044 Email Website AddressesPostal: PO BOX 452 COLLINS STREET WEST VIC 8007

dictionary

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Mediation Dictionary WordMeaning/UsageADRAlternative Dispute ResolutionBANTABest Alternative to a negotiated agreement

early_neutral_evaluation

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Early Neutral Evaluation The expression Early Neutral Evaluation has different meanings to different practitioners. It can include: * a method used in mediation whereby the parties discuss the strengths and weakness of their case with an independent party (the mediator) who provides some feedback to the parties in relation to those strengths and weaknesses.

events

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Upcoming and past events * 28 May 2013: “Conflict resolution case study – contrasting different determinative approaches” * For more details please see . * 3 December 2012: Australian Cybercrime Summit 2012 * For more details please see

exemptions

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When may a party rely in evidence on events occurring or documents supplied during a mediation? Parties engaged in a mediation process are entitled to Without Prejudice Privilege in relation to all documents supplied and all matters said. That privilege is waived when, without limitation:

fees

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Unless expressly stated otherwise, the fees are exclusive of all taxes, duties, fees or other government levies or charges, including without limitation any GST, stamp duty or otherwise, which may be imposed on or in respect of the fees or the services provided.

legislation

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Legislation Commonwealth * Civil Dispute Resolution Act 2010 (Cth) * Pre-litigation requirements Federally * Victoria * Supreme Court of Victoria Practice Note 2 of 2012 Judicial Mediation Guidelines

links

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Related Firm links * Software Escrow & Copyright Agents * White SW Computer Law * Arbitration Services for Information Technology, Intellectual Property and Telecommunication Disputes Mediation related links * Australian International Disputes Centre * .au Domain Administration Ltd * auDA Review Panelists listing * LEADR - Association of Dispute Resolvers * Our Steve White's LEADR listing * National Alternative Dispute Resolution Advisory Council More Information * S…

mediation

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What is mediation? Mediation is a consent based alternative dispute resolution method. In a mediation the parties meet together (either physically or electronically) with a third party called a mediator who assists the parties to settle the dispute. Unless the parties reach their own agreement the dispute is not resolved.

mediation_agree

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Technology Arbitrators, Expert Determiners and Mediators - Mediation Agreement This Agreement is made on the Agreement Date between the Parties specified in Schedule 1. Recitals A. Mediator has the skills and resources to mediate the Dispute. B.

mediation_preparation

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How do I prepare for a mediation * Pick a good mediator * Attend the preliminary conference by telephone (or in person) so that you can understand the steps involved in the mediation. * Execute a mediation agreement which contains, amongst other things, a confidentiality undertaking.

nmas

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National Mediator Accreditation System The National Mediator Accreditation System (NMAS) commenced operation on 1 January 2008. It is an industry based scheme which relies on voluntary compliance by mediator organisations that agree to accredit mediators in accordance with the requisite standards.

offices

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Melbourne:Sydney:Postal: PO BOX 452 COLLINS STREET WEST VIC 8007 Street: Suite 1601, 1 William Street, MELBOURNE VIC 3000 Postal: GPO BOX 2506 SYDNEY NSW 2001 Street: Suite 604, 109 Pitt Street, SYDNEY NSW 2000

practicenotes

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Court Practice Notes for Mediation In most Courts matters may be referred out to mediation by the Court on its own jurisdiction as compared to the parties granting jurisdiction to mediation process pursuant to a written agreement. You may find the following practice notices relevant.

preliminaryconference

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Preliminary Conference If the parties agree to use us as mediators or we are appointed pursuant to a pre-existing obligation to mediate then we call a preliminary conference. This is a procedural meeting only. This done using a letter or email. The items to be discussed are typically set out in the

preliminaryconferenceletter

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Typical Letter/Email calling a pre-hearing conference PARTY'S NAMES DISPUTE Thank you for appointing me mediator to resolve the above dispute/I note that I have recently been appointed by Appointing Agency to mediate the above dispute. Please note that I propose to hold a preliminary conference by telephone at (time) on (date). The items for discussion at that meeting are: (a) confirmation that the enclosed mediation agreement is agreeable and if not any amendments that are required; (b)…

services

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Our Mediators * Steve White - Technology and Intellectual Property Mediator * Click here to see Steve's résumé * Click here to see Steve's national accreditation as a mediator * Sarah Pike - Intellectual Property Mediator

sidebar

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About us * Who is Technology Arbitrators, Expert Determiners and Mediators? * What is mediation? * Our mediator services * Our advantages * Our mediation agreement * Schedule of fees * Client Feedback Mediation * The advantages of mediation * Early neutral evaluation * Scope of mediation agreements * Common mediation terminology Mediation in practice * The best time to mediate * Court ordered mediation * Preparation for a mediation * Pre-litigation mediation *…

start

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Who is Technology Arbitrators, Expert Determiners and Mediators? Technology Arbitrators, Expert Determiners and Mediators provides: * mediation; * expert assessment; * early neutral evaluation; and * arbitration services for * Information Technology, * Intellectual Property and * Telecommunications disputes. Our principal arbitrator, expert determiner and mediator is

stay

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Can proceedings be stayed pending mediation? * Yes in certain circumstances, Hooper Bailie Associated Ltd v Natcon Group Pty Ltd

whataretheadvantagesofmediation

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What are the Advantages of Mediation? Mediation: * reduces the time and costs of resolving a dispute * provides all the parties with an opportunity to express their views and hear the other parties’ views in a brief and efficient manner *

whenisitagoodtimetomediate

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When is it a good time to mediate? Our view is that the early referral of matters to mediation is a good idea in that resources which could be spent on arbitration or litigation can be spent towards resolving the dispute. Therefore including a mediation clause in your commercial agreements which requires mediation before litigation or arbitration is very sensible.

whoistam

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whydothecourtsordermediation

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Why do Courts order mediation? Mediation is a consensual process. Why should you settle a dispute rather than have a third party, namely a Court or arbitrator, decide the outcome of your dispute for you without you having to make any compromise?