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Mediation & Alternative Dispute Resolution
Many commercial disputes can be resolved without the delay and expense of a full court hearing. Our mediation and ADR lawyers in Melbourne and Mount Waverley help clients reach practical, binding settlements through structured negotiation and alternative processes. We represent businesses and individuals in court-ordered mediations and private sessions, focusing on achieving commercially sensible outcomes that preserve relationships and capital.
Facilitated Mediation – Engaging an independent, neutral third party to help parties identify common ground and reach a voluntary settlement. We act as your advocates to ensure your interests are protected during the negotiation.
VCAT & Court-Mandated Mediation – Expert representation in mandatory mediation sessions required by the Victorian Civil and Administrative Tribunal (VCAT), the County Court, and the Supreme Court of Victoria prior to trial.
Commercial Negotiation – Strategic, "without prejudice" discussions aimed at resolving disputes early. We draft robust Terms of Settlement and Deeds of Release to ensure the agreement is legally enforceable and final.
Victorian Small Business Commission (VSBC) – Representing landlords, tenants, and small business owners in mandatory mediations under the Retail Leases Act and other commercial frameworks.
Arbitration & Expert Determination – Assisting in private, binding dispute resolution processes for complex technical or contractual matters where a private ruling is preferred over a public court hearing.
FAQs: Common questions about the mediation process, settlement, and avoiding court are answered below.
Frequently Asked Questions About Mediation and ADR
Is mediation a good idea? How does mediation work?
Many business disputes can be resolved through mediation without going to court. Mediation helps both parties discuss the issues with the assistance of an independent mediator and work toward an agreement. Courts often require mediation before a matter goes to a final hearing because it can reduce cost, time, and disruption.
Should I try to resolve the dispute myself before seeking mediation?
While informal discussions sometimes work, having legal representation during the mediation process often leads to better outcomes. There is a risk you may unknowingly compromise your legal position during an unassisted negotiation. We can represent you in formal mediation to ensure any settlement reached is in your best interests and legally binding.
Can you tell me whether I will be successful if mediation fails and we go to court?
While we cannot guarantee an outcome, we can advise you on the prospects of success and outline the significant risks you should consider before moving from mediation to litigation. If your matter is complex, we may recommend engaging a barrister who specialises in that area of law to provide a formal advice on prospects.
How expensive is mediation compared to going to court?
Mediation is generally far more cost-effective than a full court hearing. The cost involves the mediator's fee and your legal representation for the day. Because many disputes resolve at this stage, it avoids the significant costs associated with a trial. Your lawyer can provide an estimate of the likely costs for a mediation session.
Is information disclosed during mediation confidential?
Yes, discussions held during a mediation are typically conducted on a "without prejudice" basis, meaning they cannot be used as evidence in court if the matter does not settle. Furthermore, information you disclose to your lawyer for the purpose of the mediation is covered by legal professional privilege.
What is the difference between a solicitor and a barrister in a mediation?
Your solicitor prepares the groundwork for the mediation, handles the paperwork, and manages the strategy. In complex mediations, we may advise retaining a barrister to attend. A barrister acts as a specialist advocate who can provide high-level advice on how a court might view the matter, which can be a powerful tool during negotiations.