Litigation & disputes
Mediation & dispute resolution in Victoria.
The overwhelming majority of disputes settle. The only real question is how much is spent before they do. CMK Legal in Richmond prepares and runs mediations and negotiated resolutions for commercial, property, leasing, building and estate disputes across Victoria, with the settlement documented so it actually ends the matter.
Merits assessed first
A realistic settlement range worked out before the day, not improvised in the room.
Early resolution preferred
Mediations typically arranged within weeks, at a fraction of the cost of a hearing.
Costs kept proportionate
Fixed fee for preparation and attendance where the matter is defined.
Victorian courts & VCAT
Court, VCAT, Small Business Commission and DBDRV processes.
What mediation and ADR involve.
Mediation is a confidential, without prejudice process in which an independent mediator helps the parties reach their own agreement. The mediator does not decide anything. Their value is in testing each side's case privately, moving parties past positions to interests, and holding the room together long enough for a commercial answer to emerge.
Alternative dispute resolution takes several forms. Informal without prejudice negotiation and settlement conferences suit smaller matters. Expert determination is used where the issue is technical, a valuation, a defect scope, an account. Arbitration produces a binding award and is common where the contract requires it. Conciliation is compulsory in some forums, such as Domestic Building Dispute Resolution Victoria and the Victorian Small Business Commission for retail tenancy disputes.
Courts and VCAT expect it. Parties are required to take genuine steps to resolve a dispute, and most proceedings are referred to mediation before hearing. Refusing to participate reasonably can affect the costs order even for a party who ultimately wins.
What is said at mediation is confidential and without prejudice, but the terms of settlement are not, they are a binding contract. The single most common mediation failure is an agreement reached in the room that is never properly documented, leaving the parties in a second dispute about the first.
How we prepare a mediation.
Work out the real range first
Best case, worst case, and the cost of getting to judgment. A party who knows their walk-away number negotiates far better than one who is guessing on the day.
A position paper that does work
A concise statement of the case that gives the mediator something to test the other side with, rather than a restatement of grievances.
Get the right people in the room
Someone with actual authority to settle, plus the accountant or expert where the numbers or the technical scope are the sticking point.
Document it before anyone leaves
Terms of settlement, deeds of release and any consent orders drafted and signed on the day, with payment timing, releases and confidentiality dealt with.
Talk to us if.
- You have been referred to mediation by a court or VCAT
- Your contract requires mediation or arbitration before proceedings
- You want to resolve a dispute before proceedings are issued
- A retail lease dispute needs Small Business Commission mediation
- A domestic building dispute is heading to DBDRV conciliation
- The dispute is technical and expert determination may be quicker
- A family or estate dispute needs resolving without a public fight
- You reached an agreement and need it documented and enforceable
Bring the key documents and a realistic view of what you would accept. Mediation works when both sides have done the arithmetic beforehand.
How a mediation runs.
- 01
Assessment and strategy
We assess the merits, model the cost of running the matter and agree your target and walk-away positions.
- 02
Choosing the process
Mediation, expert determination, conciliation or arbitration, and the right mediator for the subject matter.
- 03
Preparation
Position paper, key documents, valuation or expert material and confirmation of settlement authority.
- 04
The mediation
Joint session, private sessions and offers exchanged through the mediator, with advice as the day develops.
- 05
Documenting settlement
Terms of settlement, deed of release and consent orders signed on the day so the matter is genuinely finished.
Transparent fees.
Preparation and attendance at a mediation is quoted as a fixed fee once we know the issues and the expected length of the day. Drafting terms of settlement and a deed of release is included where we attend. The mediator's fee is a third-party cost, usually shared between the parties, and is disclosed to you before the mediator is appointed.
FAQs
Mediation FAQs.
Still unsure? Call us on (03) 9008 7224 and speak to a lawyer, not a call centre.
Is mediation compulsory?
Can what I say at mediation be used against me?
What happens if we do not settle?
How much does mediation cost?
Do I have to be in the same room as the other party?
Is a mediated settlement enforceable?
Related services.
Contract disputes
Breach, termination, damages and recovery when the other side does not perform.
Learn moreCommercial disputes
Contract, supply and business disputes run commercially rather than emotionally.
Learn moreEstate litigation
Family provision claims and challenges to a will, handled with care for the family.
Learn moreSettle it, properly.
Send us the contract, the correspondence or the notice you have received. Start online in a few minutes, or book a consultation and speak to a disputes lawyer the same business day.