Before Joe can begin your mediation, all parties to the dispute need to agree to attend. This means that all parties and their lawyers have discussed and agreed to attend, and have also agreed who will be responsible for paying the mediation fees.
If you are wanting to propose to another party that Joe mediate a dispute, then please feel free to use the summary of Joe’s mediation process and fees here and his CV here.
The better prepared you both are before making contact with Joe, the faster mediation can happen. Thorough preparation also means that you are far more likely to reach an agreement. Joe’s mediation process is designed to ensure thorough preparation and maximise your chances of settlement.
Joe Harman holds a half hour Zoom or telephone meeting with your lawyers, or any party who is self-representing.
This meeting is to agree on what preparation is needed, such as disclosure of material, completion of valuations and preparation of a joint balance sheet.
This meeting also enables Joe to gain a basic understanding of the dispute.
A separate half hour Zoom or telephone meeting with each of you is next, to introduce Joe and discuss the mediation process. During this meeting, any concerns you have can be raised, so that the mediation process can be designed to maximise everyone’s comfort.
In financial disputes Joe will prepare an excel spreadsheet setting out your agreed balance sheet, the consequences of the orders proposed by each party, the legal issues raised in the dispute and a discussion of the legal principles that are relevant to the determination of those issues and, thus, the likely range of judicial determination that will occur if the dispute cannot be resolved.
This neutral third party evaluation of the dispute is intended to stimulate and guide discussion and to focus attention on the issues in dispute
We set aside 9:30am-3pm for your mediation. This is a good amount of time to allow settlement to be explored and, hopefully, agreement reached without either party feeling pressured, rushed or becoming too tired.
Mediations generally proceed on a shuttle basis (so that each party and their lawyer is in a separate virtual meeting room) as this generally allows parties to feel more comfortable. Further, shuttle mediations lend themselves to a conciliation model with a vigorous reality testing of each party’s position and discussion of the likely range of outcomes if the dispute were determined by a court
If you need more time, a second session can be arranged, fee from $2000 to $3000.
There are separate breakout rooms for each of you and your lawyers. This means you can have confidential discussions with your lawyer without leaving the mediation session.
The total fees (GST inclusive) are as follows:
Arranging and preparing for mediation $1,000 total including GST ($500 each)
Mediation session $2,000 total including GST ($1,000 each)
$3,000 total including GST ($1,500 each)
(Additional session $2000)
Arranging and preparing for mediation $1,500 total including GST ($500 each)
Mediation session $3.000 total including GST ($1,000 each)
(Additional session $3000)
If you require face-to-face mediation some additional requirements apply.
Your lawyers are responsible for arranging the mediation venue. This can be the office of one of the lawyers. The venue must include a joint meeting room for the mediation, and a separate room for each of you for confidential meetings.
All steps in the preparation and arrangement of the mediation would still be by Zoom or telephone.
If you want your face-to-face mediation to occur outside of Hobart, I charge a flat rate of $1,000 towards airfares and travel costs.
All fees are invoiced before mediation and must be paid before the mediation.
*If your dispute settles before mediation starts, the mediation fee will be refunded.
Nationally accredited mediator, Joe has been dealing with family law matters since 1986 and mediating disputes since 1992. To date, he’s clocked up more than 10,000 hours of mediation together with 11 years as a Judge.
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