Who can be appointed?
The parties can appoint anyone they choose. Usually, the appointment
will be made from one of the Bar's advanced or accredited mediators. If
they wish, an appointment will be made for them, taking into
account the size and nature of the dispute, the wishes of the
disputants, and the qualifications of those available for appointment.
A suitable barrister not on the panel may be appropriate in
a particular case.
Advice from solicitors about the scheme
The Bar's Disputes Manager co-ordinates the scheme. It is strongly
recommended that the parties obtain advice and assistance from
their solicitors in these matters. Advice about their rights
is most important. Careful preparation before any of these procedures
is usually essential, and often results in a quicker resolution
of the dispute.
Fees and Charges
Fees will be arranged between the parties and the person appointed,
and will depend upon the experience and seniority of that person
and the duration of the mediation.
Usually, the parties will share the cost of those fees. The
Victorian Bar Mediation Centre publishes a list
of charges from time to time. If a matter can be settled
by a procedure such as mediation, then experience shows that
the fees paid, and costs incurred, will usually be only a fraction
of those payable if the matter were to go to trial in a court.
Mediation clauses
These days, many contracts provide for an attempt at mediation,
before the litigation or arbitration of any dispute. If you
would like your contract to do that, then you should include
a clause which aims to compel the parties to do that. If you
wish, the Disputes Manager will suggest a suitable form of mediation
clause. If there is a mediation or arbitration clause in the
contract, it could provide for the nomination of a mediator
or an arbitrator by the Chairman of the Victorian Bar Council.
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