Mediating Commercial Disputes: ‘How to’ Guide
This practical ‘how to’ guide to mediating commercial disputes delivers clear steps, strategies & tips to ensure that your commercial dispute mediations reach a successful outcome. Don’t miss this opportunity to hear from some of Queensland’s most renowned mediators as they give their valuable insights on preparation, negotiation, drafting deeds of settlement and what to do if the mediation doesn’t settle. WEB226Q08
Description
Attend and earn 3 CPD units in Professional Skills
This program is applicable to practitioners from all States & Territories
Chair: Khory McCormick, Consultant, Bartley Cohen Litigation Lawyers; Accredited Mediator
2.00pm to 3.00pm Preparing for Your Clients for Mediation
- How to choose a mediator
- Things to consider in setting up the mediation
- How to assemble the ‘negotiation team’ and get the team ready to negotiate
- What should be on your checklist for mediation preparation, including identifying key issues, interests, options, and opportunities
- What should you send to the mediator beforehand, including tips on effective ‘mediation papers’
- Should you have an ‘intake session’ with the mediator
Presented by Toby Boys, Partner, Holding Redlich; National Accredited Mediator; Accredited Specialist in Commercial Litigation and Chair QLS ADR Committee
3.00pm to 4.00pm Negotiation Techniques to Get the Best Result for Your Client: Is There More to Resolving the Dispute than Just Money? How Best to use the Mediator’s Skills?
This session will discuss key negotiation techniques to ensure that you get the best result for your client and where matters can be resolved when considering other incentives that might bring about resolution to the dispute. Plus, this session will discuss how you can best use the mediator’s skills to expediate a quick resolution.
Presented by Andrew Crowe KC, Northbank Chambers; Chair, Queensland Bar Association’s ADR Committee
4.00pm to 4.15pm Afternoon Tea
4.15pm to 5.15pm Essentials in Drafting Deeds of Settlement: Pitfalls to Avoid and What to do after the Mediation if it Doesn’t Resolve
- Drafting tips and traps for deeds of settlement
- How you can work with the mediator if it does not settle and what you might want to attempt to achieve
- The exchange of formal or informal offers of settlement: when and how to make them
- Uniform Civil Procedure Rules (Qld)
- What are the considerations of making a formal or informal offer?
- Framing the offer
- What has been deemed an effective offer of settlement
Presented by Alicia Hill, Principal, MST Lawyers; National Accredited Mediator; Accredited Specialist in Commercial Litigation in Victoria and Queensland
Presenters
Khory McCormick
After some 40 years in a leading issues management and conflict resolution practice Khory brings broad and deep expertise to the application of alternate conflict resolution modalities to both corporate and public disputes. His 'go to’ reputation and high level private and public sector experience see him retained for his strategic and lateral thinking capabilities. Khory's conflict resolution expertise is recognised through roles within key dispute resolution organisations and forums. He is a Life Fellow of ACICA. He has held numerous senior company board positions and strategic advisor appointments, He was Australian delegate to UNCITRAL Working Group 2 on the Singapore Convention on Mediation and the rapporteur for its final session.
Toby Boys
Toby Boys is a Partner in Holding Redlich's Brisbane office. Toby is an Accredited Specialist in Commercial Litigation and a National Accredited Mediator. He is the Chair of the QLS ADR Committee and a Member of the Law Council of Australia’s ADR Committee. Toby has experience in a range of disputes, but in focuses particularly on corporate and commercial, property, leasing, mining and insolvency matters. He has been conducting mediations since 2000 and was previously a dispute resolution adviser with the Centre for Effective Dispute Resolution (CEDR) in London.
Andrew Crowe KC
Andrew is a member of Northbank Chambers. Having practised as a litigation solicitor for five years Andrew was called to the Bar in 1985 and appointed silk in 2000. Andrew has a wide-ranging commercial practice. Andrew has developed a particular expertise in Intellectual Property. In Doyle's Guide to the Australian Legal Profession (2021), Andrew has the following listings, Leading Intellectual Property Senior Counsel Australia - Recommended; Leading Intellectual Property & TMT Barristers Queensland - Leading; Leading Mediators Queensland - Leading. Andrew has also developed a mediation practice having (as mediator) mediated in hundreds of commercial disputes. Andrew is Chair of the Queensland Bar Association's Alternate Dispute Resolution Committee. Andrew is also Chair of the Queensland Bar Association’s South Pacific Region Continuing Legal Education Committee.
Alicia Hill
Alicia Hill is an Accredited Specialist in Commercial Litigation in Victoria and Queensland, a Nationally Accredited Mediator, and a graded arbitrator with the Resolution Institute. Alicia practices as a Principal in the Dispute Resolution and Litigation team of MST Lawyers in Melbourne. In addition to advising and appearing for clients in general commercial litigation areas including contract, corporations and property law, she has specialty expertise in Franchising, Insolvency and Regulatory law. Alicia is a Fellow of FINSIA, a committee member of the ACCC Consultative Committee for Small Business and Franchising. a board member of the Law Institute of Victoria’s Accredited Specialists Board and has been recognised by her peers in the Best Lawyers awards for Litigation since 2016.