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

Mediation Matters

One of the advantages of mediation is that it provides a means for disputing parties to resolve their conflict without the prohibitive costs of litigation.

While access to Court is seen as a fundamental right of citizens, the costs of accessing justice are such that few can afford it.  The rich understandably can and at the other end of the scale legally aided parties can obtain representation, but for the vast majority in between legal costs are a reality that quite often denies them access to the hearing they seek.

An aspect of legal costs that adds to the overall burden are Court fees themselves, i.e. the fees Courts charge quite apart from legal costs paid to Lawyers.  Court fees in respect of the Federal Courts were increased from July 2012 and again from January 2013.

Clearly the Government is signalling that whenever possible it wants parties to seek to resolve their dispute outside the Court system.

Mediation offers many other advantages but one of it's most attractive features is the saving in Legal costs and Court fees if the parties are able to resolve their dispute.

While many would see anything that denies people access to Court as denial of a fundamental right the reality is that people cannot afford Legal costs and mediation must seek to fill the gap.

Why use Mediation

People often ask why they would consider using mediation to resolve conflict.The reasons are many and varied but generally include the following:

•It offers the opportunity for faster solutions;
•It is cheaper than litigation;
•You retain control rather than have others make decisions for you;
•It is less destructive of relationships;
•It is more informal than the court process;
•Parties can participate with or without their lawyers;
•It is confidential to the extent allowed by law;
•The process can be terminated or suspended at any time.

The point about being less destructive is particularly important where parties have to engage in an ongoing business relationship or separated parties have an ongoing responsibility to parent children.

Mike Emerson Co-principal Brisbane Mediations

Disputes in deceased estates.

Families quite often have issues that need to be resolved on the death of a family member.

Whilst the executor is responsible for administering the estate, he or she may not be able to resolve those issues.

Mediation is one method which can be used to discuss the matters in dispute and negotiate an agreement.

The advantages of mediation in relation to estate disputes include:

• The mediator is neutral and impartial;
• A mediation can be organised to suit the convenience of the parties;
• The costs of mediation are modest compared to litigation;
• Mediation offers the parties a private setting within which to discuss and possibly resolve their dispute;
• The parties are able to discuss the issues and participate in the formation of any agreement;
• Mediation is a simpler process.

At Brisbane Mediation we have panelists with special expertise in resolving estate disputes.

One of our panelists is Patrick Wedge who was formerly the Deputy Public Trustee of Queensland.

Patrick has a long history and experience in administering estates and assisting to resolve estate issues.

If you wish to discuss an estate issue with Patrick or arrange for him to conduct a mediation, then we ask that you contact our manager Joanne McDonald on joanne@brisbanemediations.com.au or by phone on 07) 38397400.

Information Session - Estate Mediations

We are excited to announce that Alternative Dispute Resolution Practitioner, Patrick Wedge will be our guest Mediator  at the next 'Around the Table with Mike' on the 5 December. Patrick is highly qualified to conduct Estate mediations and he would be of great assistance to people with Estate issues that need addressing.

Patrick was Deputy Public Trustee from 2002 until 2011 and appointed as Acting Public Trustee from February 2008 until March 2009.  His unique mix of legal expertise and leadership skills developed in a public sector environment, gives him excellent insight into diverse issues in dispute resolution and associated problem solving techniques.

'Around the Table with Mike' is held on the first and third Wednesdays of each month between 4pm and 6pm at the Brisbane Mediations Resolution Centre.  They are free information sessions designed for anybody contemplating mediation.

Please call Joanne on 07 3839 7400 if you require further information.  Everyone is welcome so why not bring a friend or family member along.

Advantages of Mediation

Sometimes I am asked to explain the advantages of mediation. There are many such advantages including the following:

• Mediation can be undertaken at anytime.You don’t have to wait for a court to be available to hear your dispute;

• Litigation is expensive whereas mediation can be cost effective. Court proceedings are often drawn out which increases the costs, whereas mediation can be organised and implemented quickly and usually completed in a day. Of course if the mediation is unsuccessful and the matter proceeds to trial then the cost of the mediation is an additional expense for the parties;

• The parties retain control of the outcome at all times,whereas in the court process you are handing control to a third party and asking him or her to make a decision(which ultimately neither party may be happy with).In mediation, the mediator has no authority to make decisions about the issues, however remains in control of the process;

• At mediation, a party is able to present his or her case and hear the other party’s case at an early stage of the matter and the process allows for commercial or lateral solutions which may not otherwise be available;

• One of the great benefits of mediation to participants is privacy. If the matter is resolved the parties can put the matter behind them and confidentiality can be preserved;

• Speed- the whole process can be organised and “done and dusted” quickly. Mediation is quicker then litigation and this helps the parties to avoid delay and uncertainty;

• Simplicity – the process is far simpler and more user friendly than a trial but of course this brings disadvantages with it as well, as the parties don’t always have the protections that a trial provides;

• Mediation, gives parties “their day in court”. Whilst they won’t be in Court in the usual sense, if they are listened to and have the opportunity to be heard then they can feel part of the process and satisfied that they have been heard;

• Litigation does not always provide a fair result whereas in mediation the mediator is not a Judge and can assist the parties in reaching a resolution that they are both able to live with;

• Mediation is not only cheaper and quicker than litigation but may also save in terms of emotional stress;

• Mediation can help to reduce long term tension and hostility between parties and in so doing improve communication between disputing parties which provides a benefit in terms of future co-operation, particularly where an ongoing relationship is necessary, such as where a separating couple has children;

• Involvement of the parties in the decision making produces a sense of ownership and desire to see any settlement implemented;

• Mediation is a reasonably loosely defined concept and unlike the judicial process is not governed by stringent rules as to how and what the mediator and parties can do. This flexibility is both an advantage and a disadvantage.

In a later blog, I will list some of the disadvantages of mediation,one of which is that agreements reached are often not subject to the scrutiny of the Courts and can at times be criticised for favouring the more powerful party.

Sometimes it is necessary for the parties to travel some distance down the litigation pathway before the matter is ready for Mediation.

There is of course a role for litigation,however mediation can offer very real advantages for parties in the right circumstances.

Mike Emerson Co-Principal Brisbane Mediations

Our new website has gone live!!

Our sleeves have been rolled up over the last couple of months whilst developing the new Brisbane Mediations website. 


We are very proud and excited to advise the time has now come and we are running live. 

Please accept our invitation to click on the following link and discover all that Brisbane Mediations encompasses and offers: www.brisbanemediations.com.au 


Let us know what you think and if there are any areas that particularly interest you. We would love to receive your feedback either by email on resolve@brisbanemediations.com.au or by phone 07 3839 7400.


Brisbane Mediations has over 30 specialist mediators including many registered Family Dispute Resolution Practitioners on its panel ready to help your clients discuss issues, look at options and work out how best to reach agreement in disputes relating to relationships, financial, workplace, organisational and child-inclusive mediations. Unlike some other agencies, at Brisbane Mediations we welcome the participation of lawyers in our process. 


Our purpose built rooms allow mediations to be conducted in a relaxed non-threatening environment. 


Let Brisbane Mediations do all the footwork for you- call us on 07 3839 7400 or email resolve@brisbanemediations.com.au