Additional Information on Dispute Resolution Costs
Dispute resolution works best when it’s tailored to your needs. Below, I’ve outlined the specific fee structures and processes for different types of disputes. Whether you’re ready to schedule mediation or exploring ways to address preparation or stalled negotiations, you’ll find straightforward options designed to suit a variety of circumstances.
Property Disputes
Dispute resolution should be flexible and meet your needs. That is why I deliver dispute resolution in 4 main ways.
1. You’re ready to talk, so let’s fix a Mediation date and prepare for the mediation
Up Front (and total) cost $3,000.
More often than not, you will want to fix a mediation date and then get ready for the mediation. This is especially so if you have already addressed disclosure and valuation issues and have a fairly agreed balance sheet.
When proceeding on this basis the process would involve:
1
Both parties and their lawyers agree to attend mediation and select me as the mediator.
2
Consult the booking page to ascertain and select a mutually convenient, available date.
3
Complete the mediation booking form.
4
I will confirm with you, by email, that the date is reserved and, unless you have already provided it in the booking form, I will request client information and mutually convenient times for a pre-mediation meeting.
5
I will forward a mediation agreement and invoices to the parties (I copy in the lawyers but will happily deal directly with your clients).
6
A pre-mediation session with lawyers (if engaged) is held to obtain some background to the dispute, gauge expectations and agree on how the dispute resolution process will be conducted.
7
I will arrange and have a pre-mediation meeting with each party to explain the mediation process and prepare them for the process.
8
I will receive the materials that were agreed to be provided and, in property matters, complete a spreadsheet identifying and commenting on the legal issues raised and the relevant legal principles.
9
I will send my preparatory spreadsheet to the parties and their lawyers to try and stimulate settlement negotiations.
10
The mediation session proceeds.
2. There’s some preparation to do before we fix the mediation date
Up front costs $1,000 (and a further $2,000 payable later for the mediation session).
In some cases, there is substantial preparatory work to do before the mediation. This might involve, for example, issues with disclosure, valuations, uncertainty as to a party’s position or incomplete engagement by one party. In these cases, the mediation process can help to address these issues as well as, eventually, facilitating negotiation in a mediation session.
In such cases, it may be preferable and more cost efficient to address preparation and the barriers to settlement before fixing a mediation date. After all, if the barriers to settlement can be removed, the mediation date may be unnecessary (and I would much prefer this approach to postponing mediation dates once fixed).
In these circumstances, the pre-mediation meetings can be a useful tool to explore what needs to be done and endeavour to agree on a course of action.
3. Kick start stalled negotiations with neutral third-party evaluation
Up front (and total) cost $1,000.
Are you negotiating but you have reached an impasse? Are you unsure if you wish to proceed with mediation but need something to try and break the stalemate?
In cases like this and in a similar fashion to the above process, I am happy to meet with the parties and/or their lawyers, receive a balance sheet and the party’s materials and complete a spreadsheet, identifying the legal issues involved and the relevant legal principles. This spreadsheet would then be provided to all.
This approach limits the upfront cost of the parties to the intake phase ($1,000 in total) and yet may assist greatly in shifting positions and stimulating and attempt to jump start the stalled negotiations.
4. Fully electronic mediation
Up front (and total) cost $3,000.
If you don’t want to set aside a chunk of time for the mediation session then this model may work for you. This guided negotiation can have it done in 4 weeks.
In this version of dispute resolution, all of the preparatory work is completed as above. Once my spreadsheet has been provided then negotiation would proceed by email and with strict time limits. An agreed or relatively agreed balance sheet is a pre-condition.
Ordinarily, this would mean:
1
Agreement would be reached as to which party would make the first proposal. This would set out the issues to be addressed, that party’s proposal and a dot point summary of the basis for the proposal;
2
All communication would be by group email and each email responded to with “reply all”;
3
Upon receipt of each email, I would provide some input by way of neutral third-party evaluation within 1 business day. The receiving party would then, within 1 further business day, provide their response;
4
An agreed number of rounds of offers would occur (no more than 5) and such that the total turn around for each offer would be 2 business days (and, thus, the total time frame for negotiations would be 20 business days);
5
At the conclusion of the agreed number of offers and if still not resolved, I would provide a non-determinative recommendation for settlement (with explanatory notes) and if, within 7 days of that recommendation the matter remains unresolved, the mediation would conclude (negotiations could, of course, continue between the parties).
Parenting Disputes
Up Front (and total) cost $3,000.
In parenting disputes, I would normally proceed with the traditional approach of fixing a mediation date and any preparation then being undertaken.
In parenting cases, my focus is in mediating cases that are already before the court. This often involves matters that have progressed to the point that a child impact or family report has been prepared.
I am not accredited as a Family Dispute Resolution Practitioner (FDRP) and I have no desire to be so. This is a conscious choice. I am committed to finding solutions rather than granting permission to apply to the court. This means that I cannot issue section 60I certificates.
If a parenting mediation is sought, when there are no proceedings on foot and the availability of a section 60I certificate is desired, I can still assist. I routinely co-mediate with others, including FDRPs. In fact, in pre-filing parenting cases I prefer to co-mediate. No further cost or preparation is involved (just greater flexibility with diaries and scheduling to ensure that dates suit all). But a certificate can still be available.
Private Mediation and Independent Children’s Lawyers (ICLs)
I have mediated a number of matters involving ICLs and would encourage you to discuss with any ICL appointed in your matter how they might wish to be involved. ICLs can be funded to attend private mediation. However, the mediation would need to be confined to parenting issues and a funding request need to be made in advance by the ICL, but work with them.
In some cases, even when not funded to attend the mediation, the ICL has been prepared to have a conversation with me or provide some written input for the mediation that is extremely valuable to the conversation.