At its most basic level, a mediation is a negotiation between disputing parties facilitated by an expert mediator, who assists the parties to resolve their dispute.

Mediation has been around in Australia for decades.   The Victorian County Court began referring proceedings to mediation in 1983 and the Victorian Supreme Court introduced it as part of the “Spring Offensive” in the early 90s when hundreds of cases listed and waiting for trial were referred to mediation.

As human beings we begin negotiating from the day we leave the room service of the womb. While the baby crying negotiation technique is fairly rough and tumble, it is often very successful in persuading long suffering parents to give us what we want – now!!!

When navigating through day-to-day business operations, the last thing any small business needs is a dispute to disrupt and absorb funds from positive business activities and plans. One of the most effective methods of resolving a dispute quickly, efficiently and cost-effectively is mediation.

Many in the business world view contracts as merely a precedent - a continually repurposed document applicable to any transaction that once signed is consigned to some drawer (or in the digital world some folder) never to be seen again unless a dispute occurs. This is why so many businesses today rely on contract precedents sourced and downloaded from Google QC to record major business relationships.

Many of us when entering into exciting commercial transactions become disillusioned when we are confronted by a monstrous morass of legal documentation so lengthy, wordy and complex that it brings to mind the Joseph Joubert quote, “When you go in search of honey you must expect to be stung by bees”. It’s enough to make anyone throw up their hands in frustration and head for the hills.

It is often a nightmare of many investors that just as they become comfortable navigating around complex property and share transactions they are confronted by a monstrous morass of legal documentation so lengthy, wordy and complex that it brings to mind the Joseph Joubert quote: When you go in search of honey you must expect to be stung by bees. It’s enough to make anyone throw up their hands in frustration and head for the hills. 
Here are a few tips to help determine whether to flee or stay the course of the contractual investment journey. 

According to a mainstream newspaper, an entrepreneurial South Australian law firm has developed what they believe to be a market worthy business model under which law graduates would be charged $22,000 for the privilege of working for the firm as articled clerks. The inventiveness of the law firm does not end there. Not only would articled clerks pay for their employment but in order to receive any remuneration at all, they would have to bring fee-earning clients into the firm and hopefully earn commission on fees paid by said clients. In summary, the firm would in essence compete with accredited practical legal training providers, such as the Leo Cussen Institute and The College of Law, while at the same time gaining free labour and new clients too.

Introduction Benjamin Brewster said: A lawyer starts life giving $500 worth of law for $5 and ends up giving $5 worth for $500. It is a sad indictment on certain elements of the legal profession that although Benjamin Brewster died in the 1880s, many clients in 2015 would still agree with his sentiments.