Mediation of commercial disputes
I am a mediator focusing on commercial and civil disputes in the Northern Territory
Mediation of commercial disputes
I am a mediator focusing on commercial and civil disputes in the Northern Territory
Why Mediation?
Mediation is a cost-effective, confidential, voluntary process assisted by an independent mediator.
The process is voluntary. This means it is entirely up to the parties if they want to settle their disputes.
Mediation allows parties to step aside from their disputes to see whether there is another way to resolve them.
If the parties do not settle, they can always return to litigation.
Mediation is, however, about exploring viable alternatives to continued litigation.
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Benefits
Confidential: Mediation communications with the mediator and between the parties are confidential and "without-prejudice" (they cannot be used in court proceedings).
Voluntary: The choice to attend, participate and agree to settle a dispute is entirely voluntary. The parties are in control of the outcome.
Cost-effective and efficient: Mediation typically takes place over one day. The investment is, therefore, relatively modest compared to litigation in the courts or private arbitration.
Enforcement. Settlements Agreements are binding and enforceable as contracts. Because the parties agree to settle the disputes on their terms, they are more likely to honour and perform those agreements.
My approach to mediation
As a mediator, I assist individuals, businesses, and their legal advisors in resolving disputes through mediation.
Mediation provides the following important opportunities for the parties:
- Enhance Understanding: I facilitate a process that assists parties in understanding the issues in dispute.
- Assess Settlement Possibilities: I work with the parties to assess the feasibility of settling by examining the potential outcomes offered by settlement or litigation.
- Explore Solutions: I help parties consider what a practical and effective resolution to their conflict might look like.
Professional background
Mediator
- CEDR-qualified
- HKMAAL accreditated
- List of Accredited Mediators (Order 48.13(9) of the Supreme Court Rules (NT))
- Hong Kong Bar Association List of Mediators
Other (Barrister and Arbitrator)
I also practise as a barrister and arbitrator from William Forster Chambers in Darwin, Prince's Chambers
in Hong Kong, Outer Temple Chambers in London.
I am a Fellow of the Chartered Institute of Arbitrators and the Australian Centre for International Commercial Arbitration.
Mediator Appointments
Please email me to discuss potential mediation appointments via the link below or Chambers' contacts.
I will usually charge a fee based on an hourly rate for preparation (capped) and a fixed day rate for the mediation (no matter how long the day is).
I am more than happy to discuss virtual mediation.
Damien McDonald
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