Beyond the Court Room:
The Power of Lawyer-led Mediation
The most favoured method of Mediation in financial cases proceeding in the Federal Circuit Court and Family Court of Australia is the lawyer-led model.
This involves the parties being represented by a legal team, namely their solicitor and a Barrister. The parties normally appoint an experienced Barrister to act as an impartial mediator.
Such a Mediation can take a full day. The parties don’t usually meet but can if they both feel comfortable with that option.
The negotiations take place between the respective legal teams of the parties. The Mediator will meet with the parties before and during the Mediation process. Sometimes the Mediator can convey offers on behalf of a party.
The good news is that the success rate of these Mediations is over 80%. The success rate of Mediations conducted by Freeman Family Law are closer to 90%.
Why this model works?
There are a number of reasons why this Mediation model is so successful. They include the following:
- The parties and their legal team are together and present at the same time. Offers and counteroffers can be made on the spot. This saves time and ultimately expense.
- Having a Barrister on your side together with your solicitor means that every nuance of your case is considered and presented. There are no gaps in information or legal arguments.
- A capable Mediator can:
i) Guide the parties to an equitable settlement;
ii) If required, provide their opinion as to the likely range of just and equitable outcomes;
iii) Can reality test and fact check; - Both parties have an input into the settlement and “own” the settlement.
Freeman Family Law’s secret to success
- Lawyer led Mediations work best if there is a proper exchange of documents beforehand, valuations are obtained, and there is proper preparation and thorough knowledge of your case.
- Each party should provide a detailed case outline setting out how they see the facts and setting out proper legal arguments.
- Engaging the right Barrister for your case and the right Mediator.
- Forcefully argue your points, highlight the legal as well as the just and equitable aspects of your case.
- Provide calm, clear and expert advice on all of your options.
We at Freeman Family Law ensure that our clients are given the best chance of resolution at Mediation. Our success rate in achieving an excellent resolved outcome for our clients is very high. Graeme Freeman is a qualified Mediator. We prepare extensively for Mediations. We choose the right Counsel for the client and the right Mediator. We negotiate well.
While most of Lawyer-driven Mediations take place after proceedings are issued, they can be held before any proceedings are issued. There is not always a need for litigation if a Mediation can be held before.
Should you wish to have your financial dispute resolved well then contact us at Freeman Family Law to find out more.
