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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. Unlike arbitration or expert appraisal, the mediator cannot impose a decision upon the parties. However, through their facilitation and technical skills the mediator is able to assist the parties explore the issues in depth and reach the best possible joint decisions that the circumstances allow.

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

t: +61 2 8076 6016
m: 0428 926 387
e: jbeck@lawasia.com.au