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Is the mediator an Accredited Mediator ?

If you are seeking a person to help you resolve your dispute, then you should seek a person with appropriate training and experience.

Accredited Mediators must have education, insurance and experience and Continuing Professional Development to be accredited every two years.

In Australia you can check if your mediator is accredited by searching here- https://msb.org.au/mediators

Accredited mediators will provide assurance to the parties in the way they manage your dispute.

If you have a dispute connected with dental practice, then make contact with me to see of it can be resolved.

Brad Wright is a practising lawyer since 2011, a registered dentist since 1982 and a Nationally Accredited Mediator since on the register of nationally accredited mediators 2016 the only authoritative list of mediators accredited under the NMAS by the Mediator Standard Board of Australia. He is also a Grade Three Commercial arbitrator and Member of the Resolution Institute the largest dispute resolution membership organisation across Australia and New Zealand.

Man writing signature with pen on paper. Settlement for acquisit

So, you have agreement !

If after a mediation parties reach an agreement, then it will normally be required to be reduced into writing.

This will generally be by way of a deed. If the parties are legally represented then that task will normally fall to one or both of the lawyers. 

If however the parties are not legally represented, then the mediator may  be asked to assist with the form of the agreement.

Sometimes the issues are reasonably simple, but it is important that the mediator – lawyer or not- be experienced in helping the parties to an agreement that can be relied upon and a resolution as to all the matters in dispute that are the subject of the mediation.

After 11 years acting for parties in mediation and as a mediator since 2016, there is little point in having a mediation of a commercial dispute unless the evidence of the resolution of the issue for both parties is critically to be evidenced by way of a proper deed of settlement.

before you choose a person to mediate your dispute, ensure that whether by legal representation or otherwise that the mediator has the experience and skills to resolve your issues and assist you in evidencing the resolution.

Brad Wright is a practising lawyer, registered dentist and  Nationally Accredited Mediator on the register of nationally accredited mediators the only authoritative list of mediators accredited under the NMAS by the Mediator Standard Board of Australia.

Concept of business control by stopping domino effect

Losing Control ?

If you have an issue for resolution, usually you will be directing your efforts towards litigation. 

All of the law reports of cases in the world can generally be said to have one half winners and one half losers (although it is a bit more complex than that) and which result is completely up to the decision maker. And then there are appeals that follow

The costs can be significant, and most people objectively cannot afford the cost of litigation.

A better way might be to have the matter mediated where the parties have control of the outcome, and where it can often with an experienced mediator come to a conclusion where neither party perfectly happy, but both parties can get on with their lives.

If you have a matter of dispute and you want to see if mediation is an option call Brad on 3007 1777 or brad@resolve.dental

Concept of mediation. Man and woman sitting at desk, discussing problem, finding solution. Partners negotiation process with impartial arbitration. Vector illustration in flat cartoon style.

Conflict resolved.

As a mediator, it’s not always dental. I had to assist in a different area recently and after an in person session we followed up by zoom and everyone got to move on..

Brad was able to successfully mediate a great outcome between employees at a school . He resolved a complex situation involving major conflict between two senior managers. We would not hesitate to recommend Brad for his professional mediation abilities. He worked hard on it until it was resolved.

Manager

International human rights day concept: Silhouette human hands raising and broken chains at night background.

Release me !!

The best time to resolve restraints of trade are in the formation of the contract where both parties do sit down discuss and agree freely. That rarely happens.

If you do have a restraint of trade issue, then it can be resolved by mediation arbitration or conciliation. This means that the parties agree that there is a dispute about restraint whether before or when a party leaves and the remaining party considers that it wishes to enforce the restraint and the leaving party wishes to be relieved of the restraint.

This is best resolved by a mediation so that both parties can get on with certainty.If you are a practice owner or a dentist working at another practice, if the restraints are not workable or there are questions as to enforceability, then a binding mediation is the most cost effect method of resolving the issues.

The best most efficient way to resolve these matters or for the alternate dispute resolution to be performed by an accredited dispute practitioner who knows the business and the law.For an obligation free discussion of alternate dispute resolution for dental practitioners and their practices, call us and see if the problem can be solved.

Call 073155 7775 0r email brad@resolve.dental

Work Fight

Resolution in the Workplace

There are times when if there is a conflict with one of your contractors workers or employees that you cannot sort yourself, you might consider cutting the long stressful experience back down for all by engaging in a workplace mediation.

Whether it is bullying, discrimination, or some other dissatisfaction in the workplace, your mediator should have the relevant experience as a mediator in workplaces and legal experience to assist the parties.

With 25 years of practice ownership and 16 years as a lawyer, Brad Wright might be the best person to resolve your dispute. Any dental workplace in any state. Telephone 07 31557775 or email brad@resolve.dental

Partnerships in dentistry whether they are corporates or simple associations commonly give rise to disputes. The disputes sometimes progress to Court where the costs can be prohibitive for the parties. Most litigants wish they could have avoided this.The disputes most frequently arise where partners wish to exit an arrangement and need assistance with post-partnership issues such as contractual fees, staff, restraint and patient records ownership.These issues often require legal experience and knowledge of the practicalities of dental practice and case law.If both parties wish to resolve the matter they can seek a suitably qualified and experienced mediator or of they wish to have the decision made with confidentiality, they can seek arbitration.If you have a dispute you think you think could be resolved without litigation, call 07 3007 1777.Brad Wright Dental Practice Mediator and Arbitrator ... See MoreSee Less
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Lin & Anor v Lee [2021] QSC 336When drafting dispute resolution clauses, care needs to be exercised that they are not void for uncertainty. But in this case one party sought to have the dispute resolved by arbitration, and the other resisted the arbitration.The relevant part of the contract that was said to be the arbitration clause was clause 11c:"If the parties cannot reach an agreement within 21 days, the parties agree to refer the dispute to the Australian Commercial Disputes Centre (ACDC) for final settlement by a single arbitrator appointed in accordance with the Rules of the ACDC, or by another dispute resolution process suggested by ACDC and accepted by the parties. It is expected that any fees payable to ACDC or to the person appointed by ACDC will be paid by the parties equally."The Court found citing AGL Energy Ltd v Jemena Gas Networks (NSW) Ltd [2017] NSWSC 765 that the arbitration clause may be read that an arbitration was a possibility for resolution but not the only way the dispute could be resolved. The court found that it was not an arbitration clause for the purposes of clause 7 of the Commercial Arbitration Act 2013 (Qld).This allowed the litigation in the Court to proceed.Proper Arbitration clauses can readily be found. This is in standard form from the Resolution Institute..."Any dispute or difference whatsoever arising out of or in connection with this contract shall be submitted to arbitration in accordance with, and subject to, Resolution Institute Arbitration Rules.Unless the parties agree upon an arbitrator, either party may request a nomination from the Chair of Resolution Institute."Brad Wright - Arbitrator | Mediator | BarristerLiability limited by a Scheme approved under Professional Standards Legislation. ... See MoreSee Less
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If you want to resolve something it makes sense to use someone who is accredited....resolve.dental/is-the-mediator-an-accredited-mediator/ ... See MoreSee Less
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Level 6, Inns of Court, 107 North Quay, BRISBANE 4000

(07) 30071777
brad@resolve.dental

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