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
Mediation – What You Need To Know
Mediation is one of a number of alternative dispute resolution (ADR) processes which aim to encourage parties to resolve legal disputes before proceeding to trial. Though generally a voluntary procedure, the importance of attempting to resolve matters before trial is...
To Consult Does Not Mean To Mandate
The decision in CFMMEU v Mt Arthur Coal Pty Ltd [2021] FWCFB 6059 shows the importance of consultation before a direction to employees will be deemed lawful and reasonable. The full bench of the Fair Work Commission undertook an exhaustive review of the facts and...
Sorry Need Not Be The Hardest Word To Say
Sorry is a powerful word. For people receiving an apology it can validate and acknowledge their feelings and emotions and can be an important step on the path to healing. In a legal context saying sorry was equated with admitting fault for the incident giving rise to...
“How To” Guide – Minimising Termination Risks For Fixed Term Contracts
Fixed term contracts, or time-limited contracts as they are also known, may be an increasingly viable option for employers in the current COVID-19 environment. As we explain in this blog, employers must be wary of the hidden termination risks created by these...
A Novel Approach to Reinstatement
The primary remedy under the Fair Work Act 2009 for an unfair dismissal is reinstatement. In employment relationships where the Act does not apply the usual remedy for wrongful termination of employment is damages. Schneider v Warrnambool City Council [2021] VSC 337...
A Brief Overview of Discrimination Laws
Discrimination law has been something of a hot topic in Australia in recent months. The legality of workplace-mandated vaccines and ‘no jab, no job’ policies has sparked heated debate. More recently the Federal Government’s Sex Discrimination and Fair Work (Respect at...
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Nevett Ford Melbourne Pty Ltd
ABN: 80 144 697 790
Level 16, South Tower, Rialto Building, 525 Collins Street
Melbourne, VIC 3000