Where do I go when I am in dispute with someone?

For a long time the answer to this question has usually been to engage a lawyer and file court proceedings. This often results in a dubious outcome, obtained after long delays and very substantial costs that disputing parties can't afford. Relationships are further harmed and if the dispute is one between parents, children are often caught in the crossfire.

Some disputes need a court solution, but many, particularly in the area of relationships are better dealt with without the delays and costs of court proceedings.

Brisbane Mediations offers a new way of resolving disputes in a cost effective, timely and above all respectful way.

Brisbane Mediations is only a phone call away and has the expertise to guide you through the dispute without the disadvantages of court proceedings. In fact, our aim is to keep you out of court and to help you find constructive, cost effective solutions.

Call us- you will be glad you did!

Finders,Minders,Binders and Grinders

When de-cluttering in my study recently, I came across Nick Farr-Jones's story about asking his first boss:" What kind of law do you think I'd be good at?".

The answer was, "don't worry about the sort of law you should do, work out what sort of person you are. There are finders, minders, binders and grinders".

" I've never forgotten that" said Farr-Jones who classifies himself as a "finder" of new business and a " minder" of existing relationships, as opposed to a " grinder," who doesn't like going to client meetings but loves sitting behind a computer doing financial modelling, for example.

The message is clear, find out what role you like and are comfortable with and you are likely to be happier with your job and of greater value to the business.

Diversity in Practice.

One of the best things about mediating is the diversity of cases and personalities you deal with on an almost daily basis.

Not unlike legal practice, there is an ever changing array of individual  situations and circumstances however whilst legal practice is conducted against an adversarial backdrop or "civilised warfare" as one barrister aptly described it, mediation enables you to work with the parties to facilitate a solution. Indeed, it is often or usually the disadvantages of litigation that cause parties to embrace a mediated outcome with the obvious benefits that flow.

Another significant difference is that in legal practice you are confronted with on-going files some of which remain current  for months and years. In mediation, whether successful or not, you can close the file and bid the parties goodbye at the end of the day. After decades of legal practice, I find this aspect of mediation very attractive, particularly where parties have found a solution and can move on.

I find however, at least at this stage that it is still handy to retain some contact with the coal face of practice and for this reason I have accepted a consultancy role at Reardon Family Lawyers of Southport.

Driving down to Southport this morning  provided time to ponder these issues. I must say that I  enjoy the opportunity to chew the fat with David and his team about cases they are presently involved in. It is good not to have the ongoing pressures and stresses of  running a practice but at the same time to retain some of the benefits that a link with practice provides. David's positive attitude to practice is refreshing as is the obvious desire he and his team have to achieve an acceptable outcome for his clients in an efficient and cost effective manner.. I am happy to endorse their approach.

Tomorrow it will be back to mediating at Brisbane Mediations for me whilst Reardon Family lawyers will motor on at the coast.

I feel fortunate to have the diversity that mediation and a limited involvement in practice provide and look forward to my days at the coast as time goes by.

For those in need of a referral, Reardon Family Lawyers can be contacted on 5527 0676 and of course Brisbane Mediations on 3839 7400.

New Arrangements

For some years now, my primary role has been mediating disputes through Brisbane Mediations of which I am a co-principal.

As part of my role as a mediator and to provide a better service to mediating parties, I have always taken the view that it is important to remain in close contact with legal practice.

Up until recently I have retained such contact as a consultant with Emerson Family Law, This consultancy ended in December 2015.

I continue to believe it important to retain some involvement with legal practice and for this reason have accepted a consultancy role with Reardon Family Lawyers of Southport in 2016.

Although a part time role, I will have the flexibility to meet and fit in with client needs as they arise.

I look forward to assisting clients requiring specialist advice from a solicitor with long experience in all aspects of family law.

I can be contacted by email at Reardon Family Lawyers at mike@reardonlawyers.com.au

and my mobile 0417 622619 will remain unchanged.

I believe that Reardon Family Lawyers is a firm with a strong client focus and look forward to being part of their team.

Our Panel

One of our advantages at Brisbane Mediations is that we have a panel of experienced mediators available to help parties in dispute to resolve their conflict.

All of the panel members are experienced mediators and some have particular specialties and this enables us to tailor the process by linking parties to a mediator who will suit their dispute.

If it is a workplace dispute then we are able to allocate a mediator with particular experience in the workplace area and similarly with estates, family mediations and other niche areas.

Of course, if parties request a particular mediator chosen from our website or by general reputation, then we do our best to ensure that the nominated mediator is allocated to the matter.

The fact that we have many mediators to choose from enables us to convene mediations without undue delay and our experience is that parties greatly appreciate this.

Our focus is on helping parties to resolve their dispute as efficiently and cost effectively as possible.

In the busy period leading up to the Christmas break up to a dozen panel mediators were involved in assisting with disputes. Since resuming this year, we have again called on panel members to assist and several have already been engaged with mediations underway.

We greatly value our panel members and the experience they are able to bring to the table.

We recommend that disputing parties go to our website www.brisbanemediations.com.au and check out our panel members before they contact our office on 3839 7400 to make a booking.

Alternatively if they contact our office at the Brisbane Mediations Dispute Resolution Centre at Wickham Terrace, every effort will be made to assist the parties by linking a suitable mediator to the dispute.

It often amazes us how parties will put up with the expense and delay of court proceedings when experienced professional mediators are available and on call to assist. This is particularly so when the process offered is one where parties are free to bring their lawyers to the mediation and in fact are encouraged to do so. 

Give mediation a try. You will be so glad you did!!

Family Law in Crisis.

According to The Australian of 11 December 2015, independent Senators John Madigan and David Leyonhjelm are among a group of senators who have called for a "root-and-branch review" of the family law system. Senator Madigan has been pushing for a radical overview of the system to make it less adversarial in nature, arguing the current system is causing "inexcusable damage" to children.

Senator Madigan urged the government to "adequately resource the court to deal with things in a more expedient manner and have people in it who are properly trained".

He said "the court needs to be better resourced than what it is and people operating in the area of family law need to be trained in this area".

Senator Madigan also wanted to see the court operate in a way that brought families together , rather than "blew them apart".

Senator Leyonhjelm said: "You can't expect a court system to operate for the benefit of the public if they have to wait extended periods of time because there aren't enough judges. That's a no -brainer."

Clearly the court has a resource problem.However good steps in reducing the current pressure would be to refer more matters to mediation, particularly those with modest pools and to introduce compulsory mediation of property matters before parties are able to initiate court proceedings.

It will be interesting to see how far the independent senators get with their call for "root-and -branch review".

Travel to Mediation

It was pleasant yesterday to travel to Ipwich to conduct a mediation involving both property and children's issues.

Parties often don't realise that mediators are usually prepared to travel to suit the convenience of the parties.

In this case both parties lived in the vicinity of Ipswich and both legal representatives were based in Ipswich.

Sometimes depending on distance, some charge may be made for travelling time, however with the mediation being convened as close by as Ipswich, it was easy to make a decision to waive any charge for travelling time and mileage.

While it is always good to have the facilities on offer at our usual rooms on Wickham Terrace, in this instance a decision was made for the mediation to proceed at the chambers of local barristers and the rooms and facilities more than sufficed.

The gesture of chambers to provide lunch was greatly appreciated and the sandwiches both plentiful and well received by the parties, their representatives and of course the mediator.

At Brisbane Mediations we often travel to undertake mediation and are always happy to consider a request to do so.

Not only did the day provide a welcome change to our normal routine but I am pleased to report that with the help of both representatives, the parties were able to reach agreement on all issues.

As they say, in the usual parlance, a successful day was had by all.

The father's solicitor will now prepare consent orders which the representatives will jointly submit to the court for approval.

With the Court's approval almost guaranteed due to the reasonableness of the agreement reached, the parties are a long way in front in terms of legal costs and avoiding the long delays that are an everyday feature of a court system that is quite simply breaking under the load.

I look forward to the next opportunity to travel into the regions to assist parties to resolve their dispute.

Why not invite us out to your place for your next mediation.