MEDIATION
Jennifer is an accredited mediator under the National
Standards for Accreditation of Mediators which came into operation on 1 January
2008. She completed her mediation training with the Institute of Arbitrators
and Mediators (“IAMA”) in 2008.
She offers mediation services as counsel representing a party
at a mediation, as the mediator, or as a co-mediator.
Why mediation?
Mediation is a confidential process where an independent
and neutral third party assists the disputants to negotiate and reach a decision
about their dispute.
Mediation is particularly useful in complex matters
involving parties in ongoing contact where less formal communication may be
helpful.
When should mediation be considered?
Because it is likely to be quicker and more cost-effective
than the more formal processes of arbitration or litigation, mediation should
be considered as early as possible after a dispute has arisen. It is
particularly appropriate where a dispute involves complex issues and/or
multiple parties.
Mediation can be implemented prior to, or in conjunction
with, other forms of dispute resolution such as arbitration or court
proceedings. While the parties must agree to participate in a mediation, that
can be achieved by way of separate agreement or by a dispute resolution clause
existing within a contract between the parties. Where privacy and
confidentiality are important, mediation enables parties to preserve these
rights without public disclosure. This often leads to more satisfactory
outcomes for both parties.
Jennifer assists parties in designing or setting up
appropriate ADR procedures for particular applications and through her
membership of organisations has available recommended
rules and standard contract clauses for facilitating dispute resolution for all
types of disputes.
Mediation hearing facilities
Mediation hearing facilities are available at the NSW Bar
Dispute Resolution Centre (internet web address:
www.nswbardisputeresolution.com.au), the Technology Dispute Centre (internet
web address: http://tdc.org.au/) and IAMA.
CLARENCE CHAMBERS
L21/133 Castlelreagh Street, Sydney 2000
m: 0428 926 387
e: jbeck@lawasia.com.au