Advocacy at mediation

A mediation is not simply a meeting between the parties.

For a party to obtain the best possible outcome, it is important to understand the legal position, the evidence, the risks of litigation and the commercial or personal objectives that should inform settlement.

Lee Lawyers staff can represent and advocate for clients at mediations involving:

• insurance disputes;

• compensation claims;

• business interruption;

• TPD and income protection;

• estate disputes;

• family provision applications;

• commercial litigation;

• property disputes; and

• building and construction disputes.

Our role may include:

• preparing the client for mediation;

• reviewing the relevant evidence and documents;

• identifying the key legal issues;

• assessing the strengths and weaknesses of the case;

• preparing a mediation position or settlement proposal;

• advising on settlement offers;

• negotiating with the other parties and their representatives;

• protecting the client’s legal position; and

• documenting the settlement where agreement is reached.

The objective is to give the client informed and effective representation while seeking a commercially or otherwise appropriate resolution.

Ross Lee – Advocate or Mediator

Ross Lee can participate in mediations in either of two distinct capacities.

As advocate for a party

Ross can represent and advocate for a client at mediation, using his experience in litigation, negotiation and the relevant area of substantive law to assist the client in pursuing a resolution.

This may be particularly valuable in complex disputes involving insurance, commercial litigation, property, building and construction, estates or other areas in which the legal and factual issues require detailed consideration.

As mediator

Ross can also act as an independent mediator, assisting the parties to identify the issues in dispute, consider their respective positions and explore possible resolutions.

When acting as mediator, Ross does not act for either party.

His role is to facilitate the mediation process and assist the parties to reach their own agreement. He does not determine who is right or wrong and does not provide legal advice to one party against another.

The distinction between these roles is fundamental. Ross will only act as mediator where the circumstances permit him to do so independently and impartially and there is no inappropriate conflict of interest.

Why use an experienced litigation practitioner as mediator?

The effectiveness of a mediator depends upon more than simply managing a meeting.

An understanding of the legal, factual and commercial issues can assist a mediator to identify the real areas of disagreement and help the parties explore practical options for resolution.

Ross’s experience across insurance, commercial disputes, property, building and construction, compensation and estate litigation provides a broad background for mediating complex disputes.

His earlier experience in the insurance industry as a claims officer, loss adjuster and underwriter also provides particular insight into insurance-related disputes, including coverage, claims assessment and business interruption matters.

The two roles are kept separate

When Lee Lawyers acts for a client at mediation, the firm advocates for that client’s interests.

When Ross Lee acts as mediator, he is independent of the parties and does not advocate for either side.

The appropriate role should therefore be established before the mediation is arranged, and any potential conflict or issue concerning independence should be considered at that time.

Areas of mediation

Ross Lee and Lee Lawyers can assist with mediation in relation to:

Insurance disputes
Policy interpretation, coverage, claims assessment and disputed insurance claims.

Compensation claims
Liability, damages, medical evidence and personal injury disputes.

Business interruption
Insurance coverage and the assessment of business losses.

TPD and income protection
Disability definitions, medical evidence, occupational capacity and insurance disputes.

Estate disputes
Contested wills, estate administration, beneficiary disputes and succession issues.

Family provision applications
Disputes concerning further provision from deceased estates.

Commercial litigation
Contractual, shareholder, partnership, corporate and professional disputes.

Property disputes
Commercial, retail and residential property disputes, including leasing and ownership issues.

Building and construction
Domestic and commercial building disputes, defects, variations, delay and contractual disputes.

Ross Lee – Advocate or Mediator

Ross Lee can participate in mediations in either of two distinct capacities.

As an advocate for a party

Ross can represent and advocate for a client at mediation, using his experience in litigation, negotiation and the relevant area of substantive law to assist the client in pursuing a resolution.

Lee Lawyers staff can also advocate for clients at mediations across the firm’s principal dispute areas, including insurance, compensation, business interruption, TPD and income protection, estate disputes, family provision, commercial litigation, property and building and construction disputes.

As an independent mediator

Ross Lee was for 10 years, a Member of the Queensland Civil and Administrative Tribunal (QCAT) and a trained mediator for civil and administrative disputes.

He can be engaged to act as an independent mediator in appropriate disputes.

When acting as mediator, Ross does not act for either party. His role is to facilitate communication, identify the issues in dispute, assist the parties to evaluate their respective positions and explore options for resolution.

He does not determine who is right or wrong and does not provide legal advice to either party.

Ross’s experience as a QCAT Member and trained mediator, together with his broader experience in litigation and dispute resolution, provides a practical foundation for mediating civil and administrative disputes.

Substantive experience matters

Ross brings experience across a number of areas that commonly come before mediators, including:

• insurance disputes;

• compensation claims;

• business interruption;

• TPD and income protection;

• estate disputes;

• family provision applications;

• commercial litigation;

• property disputes; and

• building and construction disputes.

His previous experience in the insurance industry as a claims officer, loss adjuster and underwriter also provides particular insight into insurance and business interruption disputes.

Maintaining independence

The role of an advocate and the role of a mediator are fundamentally different.

When Ross represents a client, he advocates for that client’s interests.

When Ross acts as mediator, he is independent and impartial and does not represent either party.

Any potential conflict or issue concerning independence should therefore be considered before Ross is appointed as mediator.

Mediation services

Lee Lawyers can assist with both sides of the mediation process:

Advocacy
Our lawyers can represent and advocate for clients at mediation.

Mediation
Ross Lee can be engaged as an independent mediator for appropriate civil and administrative disputes.

This provides clients and professional referrers with the flexibility to obtain experienced representation at mediation or to engage an experienced practitioner to facilitate the resolution of the dispute.