Mediation Matters

Keeping Up To Speed

As a mediator it is important to keep up to speed with developments in fields in which you conduct mediations.

Many, or dare I say most of my mediations are within the area of relationships and for that reason it is important to keep up with developments and trends in the area of Family Law where I also practise as a consultant.

I find that one of the best ways to do this is to undertake presentations for groups of lawyers in areas and topics of special interest.Doing a presentation involves a number of tasks and skills one of which is to research recent cases to ensure that the presentation is up to date and relevant.

Over the past month I have undertaken a number of presentations to lawyers including the following:

i) A presentation on Advocacy in the Family Law jurisdiction for the Ipswich District Law Association;

ii) One for LegalWise on Running a Successful Legal Practice;

iii) One for Thomson Reuters on Mediation and Negotiation for Lawyers.

All of these presentations were well attended and gave me an opportunity to network and converse with lawyers and to hone my skills.

I enjoy presenting to lawyers and appreciate invitations to present when they do come.

I was also pleased to participate as a guest panellist for the Queensland Chapter of the Institute of Arbitrators and Mediators(IAMA) at it's most recent monthly event and this provided a very worthwhile opportunity to meet and exchange ideas with fellow mediators who confront the same challenges and issues on a daily basis.

Attendance at the Thomson Reuters and LegalWise seminars also gave me the opportunity to hear from other speakers in areas of interest including Employment Law, Discrimination and Ethics.

These days it is simply not enough to hang up your shingle.Changes in the law and developments in mediation are constantly occurring and it is vitally important to keep abreast of these changes if you are committed to assisting parties resolve their disputes outside the court process with it's everpresent costs and delays.

Book your April mediations now

PEACE TALKS

Easter is coming and mediation services will be closed for several days from Good Friday, 29 March.

Are you in dispute over separation issues - parenting or property - or do you want to sort out workplace or estate conflict?

We are always happy to facilitate resolution of disputes in a timely and cost effective way.  Let us show you how to draw a line in the sand so that you can get on with enjoying life in this wonderful country of ours.

Why delay?  Joanne would like to book your intake session or mediation.

Mediate and say GOODBYE to bitterness and conflict and HELLO to a new start! 

PEACE TALKS - Easter. What's it all about?

It's hard to believe that Easter's almost upon us when we have only just mastered writing 2013!

For so many Brisbane families Easter is a great time to hit the road, grab a wave, pitch a tent, savour the last of the warm weather and kiss summer goodbye.

For others - including those who have recently separated - there is the potential for this to be a time of sadness as past holiday fun is recalled, problems arise about finances and impossible issues have to be resolved such as, "Who's having the kids?"

Whether Easter for your family is about bunnies, chickens or even bilbies delivering impossibly large loads of chocolate eggs or about the Christian message of new life, it is a great opportunity for parents to give their children a message of unconditional love, generosity and hope.

What better way than through the example of reasonable communication and mutual trust?

Happy Easter from Brisbane Mediations!

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.