Mediation is a means of resolving a dispute whereby a neutral person, the mediator, helps the parties in dispute to reach a resolution during a confidential face-to-face meeting. The mediator helps the parties clarify the disputed issues and identify possible options, but does not impose a decision. It is not the mediator’s function to give legal advice to the parties.

Mediation is useful when the parties are prepared to negotiate in good faith and work towards a mutually satisfying agreement.

Requests for the Presidential nomination of a mediator usually involve disputes arising from business contracts, such as Shareholders Agreements, Caretaker Agreements and Sales Agreements. Pursuant to
the Dispute Resolution clauses contained within the relevant contract or agreement, the President of The Law Society of New South Wales is empowered to make the nomination.

Mediators are selected from the current Law Society Mediators Panel depending on location and area of expertise, and nominated when no conflicts of interest exist.

Under the relevant contract or agreement, the President’s role is simply to nominate a suitably qualified mediator. The mediations undertaken by the nominated mediators are not matters over which The Law Society of New South Wales has any level of involvement.

The party requesting the nomination must pay a non-refundable administration fee of $660.00 (including GST). If both parties agree to the nomination, the administration fee may be shared equally between them.

The nominated mediator then sets his or her own fees and invoices the parties directly