All courts have a process of referring cases to mediation or other forms of alternative dispute resolution before a final hearing or trial.
Mediation is confidential, without prejudice and offers parties the opportunity of crafting a resolution with the assistance of a jointly appointed mediator, who facilitates negotiations rather than imposing a decision on them.
The Litigation Team has experience in conducting mediations in the Supreme or County Court, pre-hearing conferences in the Magistrates Court, compulsory conferences in VCAT, conciliations in the Fair Work Commission for over 25 years. Whatever the form of alternative dispute resolution we know how to guide people through the process to maximise the opportunity for ‘getting to yes’.
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Topics We’ve Written About
Dealing with HR ‘grey areas’ – Instalment Two
Workplace mental health, ill employees, absenteeism, and return to work management masterclass: dealing with HR ‘grey areas’. Emma Sutton & Caroline Mostafa Addressing low-level conduct issues In this week’s blog, we will discuss how to deal with low level...
Dealing with HR ‘grey areas’ – Instalment One
Workplace mental health, ill employees, absenteeism and return to work management masterclass: dealing with HR ‘grey areas’. Emma Sutton & Caroline Mostafa Last month, Associate Director Emma Sutton and Senior Associate Caroline Mostafa from Nevett Ford’s...
Snapshot: Victoria Expands Vicarious Liability for Child Abuse Claims
Tuesday 17 February 2026 marked another landmark decision for child-abuse survivors with the Victorian Parliament passing the Justice Legislation Amendment (Vicarious Liability for Child Abuse) Act 2025 (Vic) (Act). The Act expands the doctrine of vicarious liability...
High Court majority extends non-delegable duty of care to intentional criminal conduct of delegates
The High Court of Australia has delivered a landmark ruling in AA v The Trustees of the Roman Catholic Church for the Diocese of Maitland-Newcastle (AA),[1] concerning allegations of sexual abuse committed by a Catholic priest, against the plaintiff AA. AA creates a...
Victoria’s new OHS regulations on psychosocial health are in full swing.
Background of the new law Victorians have become increasingly aware of the link between work conditions, psychosocial factors, and employee well-being. The Royal Commission in 2021 into Victoria’s mental health system identified a “failing [workplace] system”,[1]...
Franchisors Beware: You May Be Liable for Franchisee Wage Breaches
Recent landmark court ruling sends a clear message to franchisors: you can be held responsible for wage underpayments and record-keeping failures committed by your franchisees. In Bakers Delight Holdings Ltd v Fair Work Ombudsman [2025] FCAFC 144, the Full Court of...






















