Overview

Whereas the focus of Facilitator related services is to assist with a breakthrough in one or more aspects of the issue/ dispute, Mediator related services are focused on the resolution of the overall issue/ dispute.

 

With the exception of the Circuit Breaker For Couples Service, Before The Last Straw Mediation Related Services are commercially orientated and structured based on:

• the nature of the relationship;
• the status of the relationship; and
• whether the services is being provided to one or all of the parties.

These services can be applied to wide range of internal and external relationships including, but not limited to, those which operate under:

• Supply Agreements;
• Building & Construction Contracts;
• Asset Sale/Purchase Agreements;
• Joint Venture Agreements;
• Shareholder Agreements;
• Partnership Agreements;
• Family Business Management Agreements;
• Corporate Policies & Procedures;
• Other types of mandates.

The Services

For illustration purposes, the services have been allocated  based on the stage of the relationship as follows:

• Commencing the relationship;
• During the relationship;
• Potential/actual breakdown in the relationship.

If these services do not fit your specific situation, please contact me using the form provided on the contact me page to discuss how a service may be tailored to meet your specific requirements.

 

Commercial Services

Stage: Formalising the relationship

Collaborative Negotiations

A service to assist the parties to work together to finalise outstanding complex contract terms and conditions.

 

Stage: During the relationship

Commercial Circuit Breaker

Providing "early intervention" collaborative mediation based services to assist parties to work together to develop an action plan to address the issues before they become disputes.

 

Commercial Collaborative Dispute Resolution

Facilitating a collaborative dispute resolution conference where the issue(s) have already deteriorated into a dispute however, the preservation of the relationship is as important to the parties as the resolution of the dispute.

 

Stage: Pre-litigation stage

Dispute Resolution Conference

Conducting a mediation conference to assist the parties to a dispute to achieve a mutually acceptable and sustainable resolution where:

• the dispute has reached a stage where the relationship has been materially compromised; and
• the parties are seeking a time and cost effective alternative to pursuing a resolution of the dispute through litigation.

 

Preparing for the Mediation (restricted to only one of the parties)

 

To enable one of the parties to a forthcoming mediation conference (conducted by a independent mediator) to be in a position to objectively consider options that may be put forward during the conference.

 

The service involves assisting the client to critically review the details of the failed private negotiations by reality testing the client's:

• understanding of the client's position;
• understanding of the other party's position;
• assessment of the best expected outcome if negotiations fail;
• assessment of the likely expected outcome if negotiations fail;
• assessment of the worst outcome if negotiations fail.

 

During The Formal Mediation Process

The focus of this service is to assist the client in the process of considering new options that:

• the client wants to advance; and/or
• are being advanced by the other party(ies)

Non Commercial Mediation Related Services

Circuit Breaker For Couples

This is a collaborative based service to assist couples whose situation has not reached the stage which requires the involvement of a Family Dispute Resolution Practitioner (FDRP) and are seeking independent assistance to:

• clarify the issues that they are facing; and
• determine which issues need to be addressed; and 
• develop an action plan to address those issues.