Mediation Masterclass: Positive Results for Pleased Clients
Issues covered include: mediation strategies, ethics, settlement agreements, advocacy, professional skills
Description
Mediation is an increasingly effective way of delivering results for clients. Venture beyond the basics and spend an afternoon understanding the nuances of mediation that can help you stand apart from the crowd. Hear from experienced practitioners about how to maximise the benefits of mediation and explore different high level strategies and techniques, ethics issues and settlement agreements, all while hearing from the experts about what styles work for them.
Attend and earn 3 CPD units including:
1 unit in Ethics & Professional Responsibility
2 units in Professional Skills
This seminar was recorded in NSW on 28 March 2019
Chair: Maria Gerace, Barrister, 13th Floor, St James Hall
Professional Skills
2.00pm to 2.30pm: Mediation: The Roles of the Lawyer and Mediator
- Effective mediation requires preparation and constructive guidance by each lawyer and the mediator
- The role of those professionals is fundamental to enhancement of the mediation for the benefit of the parties
- The presentation will illustrate the practical performance of those roles
Presented by The Hon Peter Rose AM QC
Professional Skills
2.30pm to 3.15pm: Mediation Advocacy: You’re not in Court, so Don’t Act Like You Are
- Getting the mindset right: compromise vs all or nothing approach
- Understanding and managing litigation risk
- Managing client expectations
Presented by Andrew Rider, Barrister, Level 22 Chambers; Recommended Tax Junior Counsel, Doyle’s Guide 2017
3.15pm to 3.30pm Afternoon Tea
Professional Skills
3.30pm to 4.15pm: Drafting Impeccable Settlement Agreements
- The merits of judgments and orders by consent or an inter parties agreement
- Issues about estoppel and res judicata
- What does without admissions mean?
- What effect does the dismissal of proceedings have?
- Deeds of settlement including the role of recitals and the effect of releases
- Costs
Presented by Paul Cutler, Barrister, Edmund Barton Chambers
Ethics & Professional Responsibility
4.15pm to 5.15pm: Ethical Issues in Mediation: Conflict, Greed and Moral Morasses
The ethics of the informal and client-driven process of mediation are as real and important as the ethics of the formal and judge-driven process of the courtroom.
- Analysis into how forensic ethics apply generally in mediations
- The scope of the duties to keep the client appraised (under the Uniform Rules and at general law) and to act in good faith
- Overcoming ethical challenges in mediation while achieving successful outcomes
Presented by David Ash, Barrister, Frederick Jordan Chambers