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HOW TO BRIEF THE MEDIATOR

BRIEFS

I accept electronic briefs (which is my preference, and it is particularly helpful if the brief is indexed, paginated and in a word-searchable PDF format) and paper briefs. 

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It is helpful if I receive the material as far in advance of the mediation as reasonably practicable - and at a minimum the brief must be provided in sufficient time for me to ascertain the facts and issues between the parties. 

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Briefing the mediator with an agreed brief of material is welcome, however:  

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  • There is no requirement for the parties to agree on the material in order for a mediator to be briefed.

  • A mediator can be provided with separate briefs (although it is always welcome if there is no doubling up on the material) or alternatively an agreed brief but where, in addition, a party or parties provide separate documents (and if a party does so, the party should identify to the other parties that such separate documents have been provided to the mediator). 

  • See generally Uniform Civil Procedure Rules r326(1) which provides that "The mediator may gather information about the nature and facts of the dispute in any way the mediator decides".

POSITION PAPERS (OUTLINES)

In complex matters I may call on the parties to provide a position paper (outline of argument) ahead of the mediation (in my experience this rarely occurs but is an option in difficult matters). 

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I am of course happy to receive position papers in any mediation where a party or parties opts to do so - either at the mediation or (preferably) ahead of the mediation.

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Level 13, Quay Central

95 North Quay

Brisbane Qld 4000

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07 3210 2999 / 0404 849 149

Liability limited by a scheme approved under Professional Standards Legislation

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