COMMERCIAL RESOLUTION WITHOUT UNNECESSARY TRIAL COST
Mediation & Alternative Dispute Resolution Lawyers
Most disputes can be resolved without a judge. We advise whether mediation suits your dispute, prepare your case, represent you on the day and turn agreement into a binding settlement – often within weeks, and typically at a fraction of the cost of a court hearing.
- Experienced senior lawyers
- Clear pricing guidance
- National practice
UNDERSTAND MEDIATION & "A.D.R." TO RESOLVE DISPUTES
Your Guide TO ADR & MEDIATION
Alternative dispute resolution (ADR) is any way of resolving a dispute without a judge deciding it: negotiation, mediation, conciliation, expert determination or arbitration. Mediation is the most common. An independent mediator helps the parties reach their own agreement in a confidential, without-prejudice setting. If they agree, the terms are recorded in a signed deed or in consent orders.
Courts expect parties to try. In New South Wales, the court can refer proceedings to mediation with or without the parties’ consent, and each party must take part in good faith. In most civil proceedings in the Federal Court and the Federal Circuit and Family Court of Australia (Division 2), the applicant must file a genuine steps statement setting out what was done to resolve the dispute before going to court, and the respondent must say whether it agrees.
Jaswinder Says
Preparation converts mediation from a conversation into a decision-making process with evidence, options and authority to settle.
— Jaswinder (Jas) Sekhon · Director / Principal
Mediation or court: how do they compare?
For most commercial, property, employment and estate disputes, mediation is faster, cheaper and private, and it leaves the outcome in your hands. Court is the better path when you need urgent orders, a limitation deadline is close, the other side will not engage, or you need a binding public ruling.
How the MEDIATION Process Unfolds
FROM AGREEMENT TO ENFORCEABLE DISPUTE RESOLUTION
Mediation can be agreed voluntarily, required by contract, directed by legislation or ordered by a court or tribunal. The quality of the process depends on selecting the right mediator, defining the issues and exchanging focused material before the session.
Parties should attend with decision-makers, realistic settlement parameters and a clear understanding of legal, commercial and non-financial options. Where agreement is reached, the terms must be documented precisely so that obligations, releases, confidentiality and default consequences are clear. The steps below provide a practical sequence for preparing, conducting and implementing an effective mediation.
Case assessment and ADR strategy
We review the documents, advise on the strengths and risks of your position and the likely range of outcomes, check limitation dates and any dispute-resolution clause, and recommend whether to negotiate, mediate or go to court.
1 to 2 weeks
Without-prejudice negotiation and offers
We set out your position, propose a resolution and make or respond to without-prejudice offers. Many disputes settle here, and the terms are recorded in a short settlement agreement. A well-timed offer can also protect your position on costs if the matter later goes to court.
2 to 6 weeks
Agreement or order to mediate, and choosing the mediator
The parties agree to mediate, or the court orders it. We propose suitable mediators, settle the mediation agreement and fee split, and fix the date, the venue or online format, and who will attend with authority to settle.
1–4 weeks, depending on the mediator's availability.
Position papers and preparation
We prepare your chronology, position paper and key documents, review the other side's paper, and work through your settlement range and the cost of the alternative. We draft heads of agreement in advance so terms can be signed on the day.
2–4 weeks before the session.
Mediation session
We attend with you. The mediator usually opens with a joint session, then moves between private sessions with each side. Every offer is tested against your settlement range and the cost of continuing the dispute.
usually one day.
Terms of settlement
When agreement is reached, heads of agreement are signed on the day and then recorded in a formal deed of settlement and release: payment and default terms, releases, confidentiality and the tax treatment of any settlement payment.
1-3 weeks.
Consent orders and implementation
If proceedings are on foot, we file consent orders or a notice of discontinuance. We then monitor payment and performance until the settlement is complete. If the other side defaults, enforcement is a separate step and is estimated separately.
1–4 weeks, or longer under a payment plan.How much does mediation cost?
INDICATIVE CUMULATIVE COSTS AND TIMELINE- MEDIATION & ADR
Our indicative professional fees for a mediation, from first advice to signed terms and consent orders, range from about $16,000 to $42,000. Most of the cost sits in preparation and the mediation day. The figures exclude GST, disbursements (including the mediator’s fee) and barristers’ fees.
Each figure is cumulative: it includes every earlier stage. If the dispute settles by negotiation at Stage 2, you pay the Stage 2 figure and nothing beyond it.
| Stage | What it covers | Typical timing | Indicative cumulative professional fees |
|---|---|---|---|
| Stage 1 | Case assessment and ADR strategy | 1–2 weeks | $1,200 – $2,900 |
| +Stage 2 | Negotiation and offers | 2–6 weeks | $3,300 – $8,200 |
| ++Stage 3 | Agreement to mediate and choice of mediator | 1–4 weeks | $4,100 – $10,000 |
| +++Stage 4 | Position papers and preparation | 2–4 weeks | $8,700 – $21,000 |
| ++++Stage 5 | Mediation session | Usually one day | $14,000 – $34,000 |
| +++++Stage 6 | Terms of settlement and deed | 1–3 weeks | $15,000 – $39,000 |
| Stage 7 Total $ All | Consent orders and close-out | 1–4 weeks | $16,000 – $42,000 |
Indicative planning ranges only, excluding GST, disbursements and barristers’ fees. We confirm the figures for your matter in a written estimate.
| Inclusions and exclusions | These figures are our professional fees only. They exclude GST, barristers’ fees and disbursements such as the mediator’s fee, venue hire, filing fees and any expert reports. |
|---|---|
| Estimates, not a quote | These are indicative ranges for a matter of ordinary complexity. Before you commit, we give you a written estimate that sets the hours for each stage. If a defined event changes the work needed, we tell you before the extra work is done. |
| Cumulative, not per stage | Each figure includes every earlier stage. Stage 7 is the total for a full mediation. |
| The mediator’s fee | Mediators set their own fees, and the parties usually share them equally under the mediation agreement. We obtain fee estimates from suitable mediators before you choose one. |
| Barristers (counsel) | Counsel’s fees are charged separately and are not included in the figures above. We cannot give a single figure because they depend on the seniority the matter calls for and on which counsel is available when the work is needed — junior counsel, senior junior and senior counsel sit at very different rates. We identify the right counsel, obtain a fee estimate, and tell you what it will cost before we brief them. Many mediations do not need counsel. |
| If proceedings have already started | Mediation can happen at any stage. If court proceedings are on foot, the costs of those proceedings to date are additional and are shown on the relevant practice page. |
| If the mediation does not settle | The preparation is not wasted: the issues are narrowed, the evidence is organised and both sides have tested their positions. Many disputes settle in the weeks that follow. If not, the costs of the court pathway apply from that point. |
| Costs risk in court | In civil proceedings, costs usually follow the event: the losing party is ordered to pay part of the winner’s costs as well as its own. Even a successful party usually recovers only part of what it has spent. A signed settlement removes that risk. |
| What moves costs within the range | Costs sit towards the upper end with several parties, large volumes of documents, expert evidence, more than one session, or settlement terms involving property, security or tax. They sit towards the lower end where the issues are narrow, the documents are organised and both sides want to settle. |
| Family law is different | Family disputes follow their own pathway. Before most parenting applications, parties must attempt family dispute resolution and obtain a section 60I certificate unless an exemption applies. See our Family Law page. |
| Arbitration and expert determination | These are priced separately. A contested arbitration can cost as much as court proceedings. |
The value of mediation should be weighed against the cost, delay, management time and uncertainty of continuing the dispute. A partial settlement, or an agreed narrowing of the issues, can also deliver real value.
Indicative planning ranges only. Figures exclude GST and disbursements unless stated and must be confirmed in a matter-specific written estimate.
Videos, Guides and Articles
INSIGHTS AND PRACTICAL GUIDANCE FOR ADR & MEDIATION
Use these resources to understand the procedure, prepare more effectively and
identify the questions that should be addressed before the next stage.
VIDEOS & GUIDES
Voluntary administration, liquidation and receivership
Who controls the company, what happens to claims and how creditor rights differ.
Voluntary administration, liquidation and receivership
Who controls the company, what happens to claims and how creditor rights differ.
ARTICLES
ASSET PROTECTION MOVES INTO THE MARRIAGE? GAMBLING & WASTEFUL SPOUSES.
1. What is the issue?
The issue is whether “addbacks” — assets wasted, spent, or hidden by one spouse — can
Court Intervention Held Necessary For General Dysphoria-Related Medical
Keywords: Family Law, Medical Procedures, Childhood gender
Full Court of Family Court Finds No Child Support Resulting Trust Favouring the
What is the Issue?
The case of Bass & Bass and Anor [2016] FamCAFC 64 (29 April 2016) was heard in
MEDIAITE EARLY TO RESOLVE. SAVE COSTS & TIME.
- Tailored ADR process and mediator selection
- Evidence-led negotiation strategy
- Precise settlement and enforcement drafting
Key terms defined
GLOSSARY - MEDIATION & ADR TERMS
Mediationconfidential, without-prejudice negotiation facilitated by an independent mediator; the parties, not the mediator, decide the outcome
Arbitrationa private process where an arbitrator hears evidence and makes a binding award
Expert determinationan independent expert decides a defined technical or valuation issue, usually finally
Without prejudiceprotection that stops settlement communications being used as evidence in court
Settlement deedthe signed document recording the agreed terms; enforceable as a contract
Court-annexed
mediationmediation ordered or run by the court, which may proceed even without consent.
Frequently Asked Questions
COMMON QUESTIONS
Most disputes settle. Mediation is where that usually happens, and how well it is prepared makes the difference between a settled file and a wasted day. These answers cover the process, cost and confidentiality of mediation.
Yes, once it is signed. Terms agreed at mediation are usually signed on the day as heads of agreement, then recorded in a formal deed of settlement, or made into consent orders if proceedings are on foot. Whether heads of agreement bind on their own depends on how they are drafted, which is why we prepare them in advance.
Generally, yes. Mediation is conducted on a confidential, without-prejudice basis, and the mediation agreement usually confirms this. What is said or admitted at a mediation generally cannot be used as evidence in later proceedings. There are limited exceptions, so we explain them before the session.
Yes. In New South Wales the court can refer proceedings to mediation with or without the parties’ consent, and each party must take part in good faith. In most civil proceedings in the federal courts, the applicant must also file a genuine steps statement setting out what was done to resolve the dispute before proceedings began, and the respondent must say whether it agrees.
We propose mediators with the right subject-matter experience, style and availability, and agree one with the other side. In a court-ordered mediation, the court may appoint a registrar or an accredited mediator. The choice matters: a mediator the other side respects is more likely to move them.
Mediators set their own fees, usually a daily or hourly rate plus preparation time, and the parties normally share them equally under the mediation agreement. Court-annexed mediations can cost less. The mediator’s fee is a disbursement and is not included in our figures; we obtain estimates before you choose.
What was said usually cannot be used against you, and the preparation is not wasted: the issues are narrowed, the evidence is organised and both sides have tested their positions. Many disputes still settle in the weeks that follow. If not, the matter proceeds to court and the costs of that pathway apply.
Not always. Many mediations are handled by the solicitor alone. A barrister adds most value where the case turns on difficult legal questions or is likely to go to trial if it does not settle. Counsel’s fees are separate from our figures, and we obtain an estimate before briefing anyone.
The session itself usually takes one day. From first instructions to signed terms, a mediation often takes two to five months, depending mainly on how quickly the other side engages and when a suitable mediator is available. Court-ordered mediations follow the court’s timetable.
Yes. A mediation can resolve some issues and narrow others, for example agreeing liability and leaving only the amount in dispute. A partial settlement still saves cost and time, because fewer issues remain for a hearing. The agreed parts are recorded in signed terms or consent orders.
Yes, and that is when it saves the most. A pre-action mediation avoids the cost of pleadings, discovery and hearing preparation. Many commercial contracts require it before proceedings start, and courts expect parties to have tried. If proceedings have already begun, mediation can still take place at any stage.
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