About us
Mediation
Mediation in practice
Resources
Contacts
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Melbourne Office - PO Box 452, COLLINS STREET WEST VIC 8007 AUSTRALIA Sydney Office - GPO Box 2506, SYDNEY NSW 2001 AUSTRALIA Telephone: Melbourne Office - +61 3 9629 3709 Sydney Office - +61 2 9233 2600 Facsimile: Melbourne Office - +61 3 9629 3217 Sydney Office - +61 2 9233 3044 Email:adr@mediator.com.au Internet:http://www.mediator.com.au |
About us
Mediation
Mediation in practice
Resources
Contacts
Our view is that the early referral of matters to mediation is a good idea in that resources which could be spent on arbitration or litigation can be spent towards resolving the dispute.
Therefore including a mediation clause in your commercial agreements which requires mediation before litigation or arbitration is very sensible.
Even without such a clause you can agree with the other party to have a mediation at any time both before or during litigation.
Most jurisdictions require at least one mediation process as part of the litigation process.
Unfortunately, without early neutral evaluation the parties are unable to properly assess their propects at trial until just before trial and hence sometimes a mediation just before trial can be effective.