www.mediator.com.au

addresses

2011-10-10T07:22:40+10:00

Melbourne:Sydney:Postal: PO BOX 452 COLLINS STREET WEST VIC 8007 Street: Suite 1601, 1 William Street, MELBOURNE VIC 3000 Postal: GPO BOX 2506 SYDNEY NSW 2001 Street: Suite 604, 109 Pitt Street, SYDNEY NSW 2000

advantages

2011-06-12T19:16:44+10:00

Do you have trouble translating your project to a mediator who has little or no understanding of the Information Technology, Intellectual Property or Telecommunications issues involved? Technology Arbitrators & Mediators offers mediation services solely in relation to those disputes. This provides you with with highly skilled and cost effective mediation services in those areas.

agreement

2011-02-15T06:13:26+10:00

Click [here] to read our standard Mediation Agreement and Schedule of Costs. If you have a particular mediation agreement you would like to use then please forward same to us.

analytical_techniques

2011-07-01T22:24:59+10:00

Analytical techniques include: * Mediator discussion and analysis of legal and factual issues (including strengths, weaknesses, or both) without necessarily articulating conclusions and opinions * Mediator questioning about specific legal or factual issues, sometimes referred to as “reality testing” eg * How do you think a jury will evaluate your testimony about an oral agreement when the other side has a writing that seems to say something very different? * Will the court permit any…

cases

2011-03-28T09:36:23+10:00

Can proceedings be stayed pending mediation * Yes in certain circumstanaces, Hooper Bailie Associated Ltd v Natcon Group Pty Ltd Confidentiality * Intelmail Explorenet Pty Limited v Vardanian (No 2) * Ordinarily correspondence between parties engaged in a mediation process is, if such correspondence is properly written, not able to be used in Court unless used in enforcement of an agreed settlement. * Unfortunately, this premise is not always true and the following case is an ex…

civilprocedureact2010

2011-07-01T02:25:46+10:00

“I want to litigate. Do I have an obligation to mediate before litigation?” In some jurisdictions yes you do. On 12 April 2011 the Civil Dispute Resolution Act 2010 (Cth) was passed and the bulk of the provisions will come into operation in October unless proclaimed earlier.

clauses

2012-03-12T23:38:06+10:00

* ACICA Model Arbitration Clause * ADR Clauses recommended by the Institute of Mediators and Arbitrators Australia * Australia Commercial Disputes Centre * ADR Clause recommended by the ICC * Recommended WIPO Contract Clauses and Submission Agreements * Drafting Arbitration Clauses - Avoiding the 7 Deadly Sins * www.arbitrator.com.au

contact

2011-10-05T06:08:12+10:00

Melbourne Office Sydney Office Telephone +613 9629 3709 +612 9233 2600 Facsimile +613 9629 3217 +612 9233 3044 Email Website AddressesPostal: PO BOX 452 COLLINS STREET WEST VIC 8007 Street: Suite 1601, 1 William Street, MELBOURNE VIC 3000 Postal: GPO BOX 2506 SYDNEY NSW 2001 Street: Suite 604, 109 Pitt Street, SYDNEY NSW 2000

dictionary

2012-03-08T04:23:12+10:00

WordMeaning/UsageBANTABest Alternative to a negotiated agreement

early_neutral_evaluation

2011-10-17T09:18:06+10:00

The expression Early Neutral Evaluation has different meanings to different practitioners. It can include: * a method used in mediation whereby the parties discuss the strengths and weakness of their case with an independent party (the mediator) who provides some feedback to the parties in relation to those strengths and weaknesses. * a method whereby an independent party is appointed as an expert to produce a binding or non-binding opinion on their respective chances of success at trial…

exemptions

2011-12-19T03:28:08+10:00

Parties engaged in a mediation process are entitled to Without Prejudice Privilege in relation to all documents supplied and all matters said. That privilege is waived when, without limitation: * the parties engage in criminal acts. * the parties engage in misleading and deceptive conduct which becomes subject to separate litigation. * the matter settles in which case the parties are entitled to rely on the signed agreement in any subsequent enforcement action. * the mediation process …

fees

2011-05-17T16:04:08+10:00

Our Steve White's rates are: DescriptionFeeHalf Day Rate AUS$2,500 + GST (not exceeding 5 hours)Full Day Rate AUS$5,000 + GST (not exceeding 10 hours)Travel We do not charge travelling time, airfares or accommodation for mediations held in any of the cities listed below. Business Class Airfares and accommodation apply for other cities.Australia New Zealand Argentina Chile China England Fiji Germany Indonesia Japan Philippines Singapore South Africa South Korea Tahiti Thailand U…

legislation

2011-10-10T07:20:30+10:00

Commonwealth * Civil Dispute Resolution Act 2010 (Cth) (operational ~October 2011) * Pre-litigation requirements Federally Description On 12 April this year the Civil Dispute Resolution Act 2010 (Cth) was passed and the bulk of the provisions will come into operation in October unless proclaimed earlier.

links

2011-06-09T13:14:54+10:00

* Software Escrow & Copyright Agents * White SW Computer Law * Arbitration Services for Information Technology, Intellectual Property and Telecommunication Disputes * Australian International Disputes Centre * .au Domain Administration Ltd * auDA Review Panelists listing

mediation

2011-02-22T16:49:18+10:00

Mediation is a consent based alternative dispute resolution method. In a mediation the parties meet together (either physically or electronically) with a third party called a mediator who assists the parties to settle the dispute. Unless the parties reach their own agreement the dispute is not resolved.

mediation_preparation

2011-02-22T16:16:26+10:00

* Pick a good mediator * Attend the preliminary conference by telephone (or in person) so that you can understand the steps involved in the mediation. * Execute a mediation agreement which contains, amongst other things, a confidentiality undertaking. * Determine who is attending the mediation. * Ensure that the people attending the mediation have authority to settle. * Ensure that each person attending the mediation (or receiving a position paper) has signed a confidentiality agreem…

nmas

2011-03-28T09:41:27+10:00

National Mediator Accreditation System The National Mediator Accreditation System (NMAS) commenced operation on 1 January 2008. It is an industry based scheme which relies on voluntary compliance by mediator organisations that agree to accredit mediators in accordance with the requisite standards.

offices

2010-09-21T06:28:52+10:00

practicenotes

2011-09-30T07:35:23+10:00

In most Courts matters may be referred out to mediation by the Court on its own jurisdiction as compared to the parties granting jurisdiction to mediation process pursuant to a written agreement. You may find the following practice notices relevant.

services

2011-03-28T09:40:52+10:00

* Steve White - Technology and Intellectual Property Mediator * Click here to see Steve's résumé * Click here to see Steve's national accreditation as a mediator * Sarah Pike - Intellectual Property Mediator

start

2011-05-11T10:07:51+10:00

* What is mediation? * When is it a good time to mediate? * What are the advantages of mediation? * What is early neutral evaluation? * Why do Courts order mediation? * Who is Technology Arbitrators and Mediators? * Where are Technology Arbitrators and Mediators' offices? * What mediation services do you offer? * What are the advantages of using your services? * Where can I find your mediation agreement? * How do I prepare for a mediation? * Where can I find the Court Pra…

whataretheadvantagesofmediation

2011-09-30T07:34:56+10:00

Mediation: * reduces the time and costs of resolving a dispute * provides all the parties with an opportunity to express their views and hear the other parties’ views in a brief and efficient manner * allows the parties to have greater control over the procedure to be followed and the timings involved as compared with arbitration or litigation * preserves the relationships of the parties involved. This is very important for parties with ongoing relationships. * is confidential. T…

whenisitagoodtimetomediate

2011-03-28T09:38:06+10:00

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.

whoistam

2011-03-28T09:34:31+10:00

Technology Arbitrators and Mediators provide: * mediation services; * expert assessment services; * early neutral evaluation services and * arbitration services for Information Technology, Intellectual Property and Telecommunications disputes.

whydothecourtsordermediation

2011-04-05T08:58:42+10:00

Mediation is a consensual process. Why should you settle a dispute rather than have a third party, namely a Court or arbitrator, decide the outcome of your dispute for you without you having to make any compromise? The reality is that few parties can afford the expense, inconvenience and uncertainly of litigation.