Types Of Mediation

Building and Construction Disputes - Mediator

I act as mediator in building disputes:

  • Mediation in the building and construction industry can take place where the provisions of the Building and Construction Industry Security of Payment Act 1999 (NSW) (“the Act”) do not apply.
  • Mediation is a different process to adjudication. Mediation are processes intended to resolve a dispute between parties under the principles of alternative dispute resolution. The purpose and intention of mediation are generally to avoid the costly and time-consuming processes of court litigation and allow a less formal, more streamlined and efficient manner of reaching an agreement between parties to a dispute.
  • In contrast, the process of adjudication requires strict time and strict form conditions imposed under the Act. This means that where any of the particulars of a payment claim or a payment schedule does not conform with the requirements of the Act and law, they may be deemed defective in form and not valid.
  • The adjudication process itself is not a Court or Tribunal process. The adjudicator will be a person who has been appointed as an adjudicator for the purposes of the Act.
  • The Act itself contains many terms which appear to convey discretions on the part of a future court or tribunal, and some parts of the Act can be ambiguous. The law relating to the interpretation of statutes can be confusing. For this reason, only specialist building lawyers should be involved in building and construction disputes.
  • The adjudication process is commenced first by the applicant serving on the respondent what’s known as a payment claim that outlines the debts that it owed by the respondent to the applicant. Under the Section 17 of the Building and Construction Industry Security of Payment Act 1999 (NSW), a party involved in a building and construction dispute can apply for what’s known as an adjudication of a payment claim.  
  • Section 17 of the Act does contain three conditions on the party’s right to make an application for an adjudication which are outlined below and must be met first:
  • The respondent to the application must have served what’s known as a payment schedule on the applicant, where the amount on the payment schedule is less than what is claimed by the applicant;
  • The respondent fails to pay any of the disputed amounts which is articulated on the payment claim; and
  • The respondent either fails to provide a payment schedule or pay any of the claimed amounts to the applicant.
  • Under the Act, the process of resolving a dispute relating to construction contracts, is the process of “Adjudication”. This is different to mediation. 
  • I am a member of the Master Builders Association (NSW) with building qualifications.
  • I act as mediator in these types of disputes – I am well qualified to mediate building and construction disputes.

Other Types Of Mediations

Succession law

I act as mediator in succession law disputes when the following disputes arise:

  1. Delinquent executors and fighting families;
  2. When someone has missed out –family provision claims;
  3. Defining eligibility in family provision claims.

 

Defamation and Commercial Matters

I act as mediator in defamation and commercial law matters. 

I have significant experience as Counsel in these matters.

Family law Disputes - Co-Mediator

I act as co-mediator in family law disputes, especially disputes involving vast amount of property, which also include the following issues:

  1. Marriage & De Facto Relationships
  2. Separation
  3. Divorce
  4. Child related matters
  5. Property Management
  6. Financial agreements
  7. Spousal Maintenance

A genuine effort must be made to resolve your dispute before you apply to courts for parenting or financial orders.  I work with accredited mediators (as a co-mediator) to ensure that necessary certificates are available.

It is important to remember the following advantages arise with mediation:

  1. Mediation uses a formal structure in which positive child focused communications are modelled by lawyers and other advisers;
  2. Mediation encourages parties to focus on the interests of the child rather than the formalities of court proceedings;
  3. Mediation aims to achieve results that meet the needs of each of the parties and their children;
  4. Mediation minimises the cost and time associated with litigation.

I have experience as Counsel in family law matters.