What is mediation?
Mediation is a means of allowing parties to a dispute to discuss their claims, and agree upon a solution that is not imposed upon them by a Court.
Experienced Accredited Mediator
As an accredited Mediator and highly experienced barrister practicing in Sydney, and Canberra, I have appeared in numerous mediations over the last two decades.
Mediations have predominantly been in common law matters – particularly personal injury claims and historic sexual abuse claims.
My unique approach to effective Mediation allows parties to communicate with each other in a civilised manner, explain their own position as well as having the opportunity to appreciate the other party’s position.
Finding a solution to the dispute
As an accredited Mediator, I will assist parties to arrive at their own solution and avoid costly and time consuming Court battles.
In many cases, Mediation allows the parties to arrive at a consensus – a solution to the dispute. This is to be preferred to the traditional court case where parties have a solution imposed upon them by a Judge.
Anthony Black SC
I was admitted to the Bar in 1983. I took silk in 2010. I have undertaken a varied practice in criminal work and civil work. Since 2000, I have practiced in Sydney at Elizabeth St Chambers. I have also been a member of Key Chambers in Canberra since 2017.
I have been involved in numerous Mediations – mainly in the areas of personal injury and historic sexual abuse claims.
I hold a fellowship with the Chartered Institute of Arbitrators. I am also a member of the District Disciplinary Panel for Rural Fire Service of NSW.
I am able to offer my services to parties to a dispute and bring to the dispute an objective mind – capable of identifying options for resolving the dispute and explore those options with the parties.
Mediation is confidential
The Mediation process is a confidential one – except in very limited circumstances, parties to a Mediation cannot publicise what has happened in the Mediation. Furthermore, anything divulged to me as Mediator will be treated as absolutely confidential.
Experience tells me that exploration of the options for resolution of a dispute with the parties, often produces an outcome satisfactory to all parties and a solution to the mediated dispute.
If I am appointed to mediate a dispute, I will contact all parties and provide to them my standard Mediation Agreement. I will invite the parties to provide me with a folio of documents with which they wish me to familiarise myself. I will also invite the parties to submit to me a Position Paper briefly identifying their respective positions in relation to the dispute.
At the Mediation, the parties will have the opportunity in joint session to discuss with the other party the respective positions. There will also be private sessions where I will discuss with parties the « pros and cons » of their position. I will then work to assist parties to modify their positions with a view to reaching a mutually agreeable solution.