Mediation Protocol

STANDARD OPERATING PROCEDURE

 

1. MEDIATION AGREEMENT

  • A copy of the Mediation Agreement & Confidentiality Undertaking is available here at dawsonmediation.com.au.
  • The Parties should provide an executed copy of the Mediation Agreement & Confidentiality Undertaking either prior to the commencement of the Mediation.
2. VENUE

  • Where possible, the Mediation may be conducted at the facilities provide at University Chambers Level 9 187 Macquarie Street Sydney.
  • The cost of the facilities is $500 plus GST.
  • The parties may otherwise agree and arrange a mutually convenient venue at the parties’ cost.
3. PRELIMINARY CONFERENCE

  • It is not expected a preliminary conference will be necessary in which event these protocols will apply.
  • If a preliminary conference is required it can be conducted by teleconference facility.
  • There will be no additional charge for a preliminary conference
4. AUTHORITY

  • It is expected that each party is either represented or has readily available a person who is authorized to make decisions to settle the matter.
5. POSITION PAPERS

  • Position Papers of 3-5 pages in length should be provided within 3 business days of the scheduled mediation.
6. DOCUMENTS

  • The plaintiff should provide an electronic bundle of pleadings and relevant evidence within 3 business days of the scheduled mediation. Exhibits to affidavits and appendices to expert reports should not be included. Any additional relevant documents should be by prior agreement between the parties.
7. SETTLEMENT

  • There is no binding settlement until a document is signed and exchanged by the parties or their legal representatives.
8. INVOICES

  • For administrative convenience and unless informed to the contrary, invoices will be divided equally between the parties. Separate invoicing does not affect the joint and several liability of each party.
9. COMMUNICATION

  • It is preferred that all communications are be by email. All parties legal representatives should be included in communications with the mediator.