Mediation Experience
Anthony is mediating on a daily basis in private matters and for New South Wales and Queensland Legal Aid, now mostly through Zoom and Microsoft Teams. He also does supervisions for other mediators for Legal Aid NSW and gives regular presentations at training days & conferences for the state-wide panel. Anthony is on a number of panels for NSW Legal Aid including:
- Early Intervention (prior to Court)
- Litigation Intervention (while Proceedings are underway)
- COMP – Court Ordered Mediation Program
- Care and Protection for s86 Contact mediations
Legally Assisted Mediations – with Solicitors present
Anthony’s preference is to mediate in a Legally Assisted model with parents and their solicitors present, either prior to any Court proceedings to avert the need for this, or while proceedings are underway to deal effectively with the issues that are present. Anthony’s experience as a report writer assists in helping parents approach complex issues such as drugs and alcohol, violence or mental illness in a manner that is in keeping with Social Science and Court expectations and practices. If there are Expert or Family Reports available in the matter, often these can be released to assist in the mediation. It is the belief that working with solicitors present maximises the opportunities to resolve disputes, reach interim agreements or significantly narrow issues given the ability to receive legal advice during the process and for positions to be effectively reality tested.
Mediation availability, process and fees
I will generally have sessions available within 2-3 weeks if parties and solicitors can be flexible, though it is worth asking about urgent sessions as sometimes family work can be rescheduled to accomodate this. Mediations are generally organised by the solicitors booking the session and managing the payment. They are generally offered as 4 hour mediations either 9am-1pm or 1pm-5pm with 2 hour intakes conducted separately with each party prior to this. The intake is designed to gather a history, identify issues and focus and engage the parties in the interest based problem solving processes within mediation. The intake is used to do much of the groundwork of the session to maximise the time within the actual mediation. It also establishes that the matter is suitable for mediation and screens for violence and power imbalances and other critical issues.
Fees for mediations are $1540 ($1400 + GST of $140) with this based off an hourly rate akin to working with a psychologist to make this accessible. This fee is generally shared by the parents though other arrangements can be agreed to prior to the session.
While Anthony is based in the Northern Rivers, he regularly conducts private mediations for parties throughout Brisbane, Sydney and regional Qld and NSW for solicitors who are familiar with the Legal Aid model and seeking this approach.
The preference at the moment is to mediate via Video through either Zoom or Microsoft Office Teams, either in a joint session or by shuttle meetings. If the mediation is face to face, the cost for the rooms is met by the parents. This mediation fee needs to be paid prior to the mediation or held in trust by the solicitors.