barrister & arbitrator

Sam Maling

Mediation & Facilitation

What is mediation and facilitation?

Mediation is a process in which an Independent professional –the Mediator– assists the parties to find an agreed solution to a dispute usually affecting their legal rights. The Mediator cannot impose a solution but may suggest an outcome or range of outcomes which are explored with the parties in the course of the process. Any solution must be agreed between the parties and signed off by them.

Facilitation is similar but more focused on encouraging a dialogue between parties with entrenched views. It offers an opportunity to each party to state their view plainly and in turn be subject to points of clarification so that each has a clearer understanding of the other’s position. The process may or maynot result in consensus.

In Sam’s view both processes will benefit from the parties first signing an Agreement to participate which sets the rules for the engagement and deals with issues such as confidentiality and the payment of fees and expenses.

Facilitation is a form of Mediation so please use the Mediation Agreement below as the template for your Facilitation Agreement.

  • Talk to a lawyer or talk to Sam. Sam’s preference is for you to have legal representation.
  • You need to work up a summary of your case which you can use as a basis for briefing your lawyer or as an outline to speak to during the process.
  • You need to understand your committent on fees and be prepared to sign the Mediation or Facilitation Agreement.
  • With either process you may wish to involve others, e.g. a valuer as part of your presentation. Your lawyer will guide you here. Or speak with Sam.

How to get started?

  • Initial upfront non-refundable engagement fee of $1500.00+gst shared equally between the parties and applied to prehearing attendances and session arrangements with any surplus applied to session fees.
  • Session fees are $1500.00+gst per half day (4 hours) or part thereof.
  • Other attendances at $375+gst per hour.
  • Travel and venue expenses may apply.

Sam’s Terms of Engagement require that all parties accept joint and several responsibility for his fees. In the event of a default Sam may look to other parties for payment. Fees are payable within 14 days of the invoice issue date. Invoices outstanding for 30 days or more carry interest at 2% per month.

How much does it cost?