Wednesday, March 6, 2013

Mediation Matters



Last week I travelled to "Woodlands" Marberg to address the Ipswich District Law Association.

I had been invited to present at the regular February seminar of the Association.

My topic was "Advocacy in the Family Law  Jurisdiction".

I do regular presentations to groups of lawyers and particularly enjoyed this one.

The seminar was very well organised and involved about 45 solicitors and barristers practising in the Ipswich area all of whom were enthusiastic and interested participants.

Although my topic related particularly to court advocacy, it was also relevant to mediation and negotiation generally.

I empathised the importance of preparation, civility and courtesy, as well of course as knowledge, in obtaining the best result for clients whether in court or at mediation.

I also emphasised the importance of having a settlement focus and endeavouring to get the client an outcome without the stress and costs associated with protracted litigation.

Delay is increasingly a part of the court scene and can unfortunately have devastating consequences for clients, as they become bogged down in the system and are unable to get on with their lives.

I felt the Ipswich practitioners were responsive to my remarks, indicating a commitment to achieving a reasonable outcome for their clients at the earliest possible stage.

It has always been my view that the majority of practitioners in the Family Law jurisdiction in Brisbane and surrounds are settlement focused.This is particularly important in cases involving children where parties have to co-parent after the court process ends and where a lot of damage can be done to both children and relationships if practitioners don't encourage a child-focused approach.

I was accompanied on my trip to Marberg by Aishwarya Singh, a young solicitor who has recently taken over my legal practice Emerson Family Law.Aishwarya greatly enjoyed the opportunity to meet the Ipswich legal practicioners and appreciated what was very much a pleasant experience.

I will remain a consultant to Emerson Family Law and continue to service clients, however by purchasing my practice, Aishwarya has given me the opportunity and flexibility to prioritise my mediations and help parties achieve an outcome in this manner, a process that gives me great satisfaction.

The Ipswich lawyers had organised a full and very interesting program but unfortunately Aishwarya and myself had other pressing commitments and could not stay for the full day.

I commend the Association for organising such a successful event and greatly appreciated the opportunity to attend and present.

The association is clearly a very active and energetic one.

Mike Emerson

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