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 andย  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.

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The recent case of ๐—–๐—ฟ๐—ฒ๐—ฎ๐˜๐—ถ๐˜ƒ๐—ฒ ๐—ฆ๐—บ๐—ถ๐—น๐—ฒ๐˜€ ๐—ฃ๐˜๐˜† ๐—Ÿ๐˜๐—ฑ & ๐—”๐—ป๐—ผ๐—ฟ ๐˜ƒ ๐—˜๐—ธ๐—ฒ๐—ฟ๐—ฎ ๐——๐—ฒ๐—ป๐˜๐—ฎ๐—น ๐—ฃ๐˜๐˜† ๐—Ÿ๐˜๐—ฑ & ๐—”๐—ป๐—ผ๐—ฟ [๐Ÿฎ๐Ÿฌ๐Ÿฎ๐Ÿฎ] ๐—ฉ๐—–๐—– ๐Ÿฎ๐Ÿฎ๐Ÿด๐Ÿญ is a reminder than where a settled commercial outcome is available in dental disputes, then best efforts should be made by both parties to resolve it.One would presume that some attempts were made to resolve it, but hindsight - being a wonderful thing - would suggest that a successful mediation might have brought a final result with the following advantages. (Even the court said so.)Firstly advantage of mediation is ๐—ฐ๐—ผ๐—ป๐—ณ๐—ถ๐—ฑ๐—ฒ๐—ป๐˜๐—ถ๐—ฎ๐—น๐—ถ๐˜๐˜†. One of the issues that arise from litigation is that the court proceedings are generally public and the hearings and decision are public. Mediation is by its nature without prejudice and confidentialSecondly, is the matter of ๐—ฐ๐—ผ๐—ป๐˜๐—ฟ๐—ผ๐—น. Once the parties filed and proceeded to a hearing and then a decision, all control was lost. The result was in the hands of the lawyers and the judiciary. That's is really a last resort. Which brings us to the third advantage.Thirdly that of ๐—ฐ๐—ผ๐˜€๐˜๐˜€ . Most litigants cannot afford to run the litigation is practical terms. I would go so far as to say most lawyers personally could not afford to run the litigations. That is not a criticism, it's just an observation. Early settlement or even settlement prior to a decision is an option open to the parties. However the sunk costs fallacy* starts to bite by this point.The fourth advantage is that Mediation brings ๐—ฐ๐—ฒ๐—ฟ๐˜๐—ฎ๐—ถ๐—ป๐˜๐˜†. This means after a day or few days mediation, the matter is over. The parties have agreed and they can get on with their lives.The best way to mediate is to use a mediator who is familiar with the law and the profession relating to the dispute, and who is an accredited mediator.Even if the parties cannot agree on the day, they will understand each other's position much better and can be comfortable they have attempted to resolve it without venturing into the legal arena where control is lost and the outcome is uncertain. It also avoids costs orders - meaning that each party can agree to bear their own costs.For any dental practice related disputes, give some thought to mediation.* ๐˜ต๐˜ฉ๐˜ฆ ๐˜ฑ๐˜ฉ๐˜ฆ๐˜ฏ๐˜ฐ๐˜ฎ๐˜ฆ๐˜ฏ๐˜ฐ๐˜ฏ ๐˜ธ๐˜ฉ๐˜ฆ๐˜ณ๐˜ฆ๐˜ฃ๐˜บ ๐˜ข ๐˜ฑ๐˜ฆ๐˜ณ๐˜ด๐˜ฐ๐˜ฏ ๐˜ช๐˜ด ๐˜ณ๐˜ฆ๐˜ญ๐˜ถ๐˜ค๐˜ต๐˜ข๐˜ฏ๐˜ต ๐˜ต๐˜ฐ ๐˜ข๐˜ฃ๐˜ข๐˜ฏ๐˜ฅ๐˜ฐ๐˜ฏ ๐˜ข ๐˜ด๐˜ต๐˜ณ๐˜ข๐˜ต๐˜ฆ๐˜จ๐˜บ ๐˜ฐ๐˜ณ ๐˜ค๐˜ฐ๐˜ถ๐˜ณ๐˜ด๐˜ฆ ๐˜ฐ๐˜ง ๐˜ข๐˜ค๐˜ต๐˜ช๐˜ฐ๐˜ฏ ๐˜ฃ๐˜ฆ๐˜ค๐˜ข๐˜ถ๐˜ด๐˜ฆ ๐˜ต๐˜ฉ๐˜ฆ๐˜บ ๐˜ฉ๐˜ข๐˜ท๐˜ฆ ๐˜ช๐˜ฏ๐˜ท๐˜ฆ๐˜ด๐˜ต๐˜ฆ๐˜ฅ ๐˜ฉ๐˜ฆ๐˜ข๐˜ท๐˜ช๐˜ญ๐˜บ ๐˜ช๐˜ฏ ๐˜ช๐˜ต, ๐˜ฆ๐˜ท๐˜ฆ๐˜ฏ ๐˜ธ๐˜ฉ๐˜ฆ๐˜ฏ ๐˜ช๐˜ต ๐˜ช๐˜ด ๐˜ค๐˜ญ๐˜ฆ๐˜ข๐˜ณ ๐˜ต๐˜ฉ๐˜ข๐˜ต ๐˜ข๐˜ฃ๐˜ข๐˜ฏ๐˜ฅ๐˜ฐ๐˜ฏ๐˜ฎ๐˜ฆ๐˜ฏ๐˜ต ๐˜ธ๐˜ฐ๐˜ถ๐˜ญ๐˜ฅ ๐˜ฃ๐˜ฆ ๐˜ฎ๐˜ฐ๐˜ณ๐˜ฆ ๐˜ฃ๐˜ฆ๐˜ฏ๐˜ฆ๐˜ง๐˜ช๐˜ค๐˜ช๐˜ข๐˜ญ. ... See MoreSee Less
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The recent case of ๐—–๐—ฟ๐—ฒ๐—ฎ๐˜๐—ถ๐˜ƒ๐—ฒ ๐—ฆ๐—บ๐—ถ๐—น๐—ฒ๐˜€ ๐—ฃ๐˜๐˜† ๐—Ÿ๐˜๐—ฑ & ๐—”๐—ป๐—ผ๐—ฟ ๐˜ƒ ๐—˜๐—ธ๐—ฒ๐—ฟ๐—ฎ ๐——๐—ฒ๐—ป๐˜๐—ฎ๐—น ๐—ฃ๐˜๐˜† ๐—Ÿ๐˜๐—ฑ & ๐—”๐—ป๐—ผ๐—ฟ [๐Ÿฎ๐Ÿฌ๐Ÿฎ๐Ÿฎ] ๐—ฉ๐—–๐—– ๐Ÿฎ๐Ÿฎ๐Ÿด๐Ÿญ is a reminder than where a settled commercial outcome is available in dental disputes, then best efforts should be made by both parties to resolve it.One would presume that some attempts were made to resolve it, but hindsight - being a wonderful thing - would suggest that a successful mediation might have brought a final result with the following advantages. (Even the court said so.)Firstly advantage of mediation is ๐—ฐ๐—ผ๐—ป๐—ณ๐—ถ๐—ฑ๐—ฒ๐—ป๐˜๐—ถ๐—ฎ๐—น๐—ถ๐˜๐˜†. One of the issues that arise from litigation is that the court proceedings are generally public and the hearings and decision are public. Mediation is by its nature without prejudice and confidentialSecondly, is the matter of ๐—ฐ๐—ผ๐—ป๐˜๐—ฟ๐—ผ๐—น. Once the parties filed and proceeded to a hearing and then a decision, all control was lost. The result was in the hands of the lawyers and the judiciary. That's is really a last resort. Which brings us to the third advantage.Thirdly that of ๐—ฐ๐—ผ๐˜€๐˜๐˜€ . Most litigants cannot afford to run the litigation is practical terms. I would go so far as to say most lawyers personally could not afford to run the litigations. That is not a criticism, it's just an observation. Early settlement or even settlement prior to a decision is an option open to the parties. However the sunk costs fallacy* starts to bite by this point.The fourth advantage is that Mediation brings ๐—ฐ๐—ฒ๐—ฟ๐˜๐—ฎ๐—ถ๐—ป๐˜๐˜†. This means after a day or few days mediation, the matter is over. The parties have agreed and they can get on with their lives.The best way to mediate is to use a mediator who is familiar with the law and the profession relating to the dispute, and who is an accredited mediator.Even if the parties cannot agree on the day, they will understand each other's position much better and can be comfortable they have attempted to resolve it without venturing into the legal arena where control is lost and the outcome is uncertain. It also avoids costs orders - meaning that each party can agree to bear their own costs.For any dental practice related disputes, give some thought to mediation.* ๐˜ต๐˜ฉ๐˜ฆ ๐˜ฑ๐˜ฉ๐˜ฆ๐˜ฏ๐˜ฐ๐˜ฎ๐˜ฆ๐˜ฏ๐˜ฐ๐˜ฏ ๐˜ธ๐˜ฉ๐˜ฆ๐˜ณ๐˜ฆ๐˜ฃ๐˜บ ๐˜ข ๐˜ฑ๐˜ฆ๐˜ณ๐˜ด๐˜ฐ๐˜ฏ ๐˜ช๐˜ด ๐˜ณ๐˜ฆ๐˜ญ๐˜ถ๐˜ค๐˜ต๐˜ข๐˜ฏ๐˜ต ๐˜ต๐˜ฐ ๐˜ข๐˜ฃ๐˜ข๐˜ฏ๐˜ฅ๐˜ฐ๐˜ฏ ๐˜ข ๐˜ด๐˜ต๐˜ณ๐˜ข๐˜ต๐˜ฆ๐˜จ๐˜บ ๐˜ฐ๐˜ณ ๐˜ค๐˜ฐ๐˜ถ๐˜ณ๐˜ด๐˜ฆ ๐˜ฐ๐˜ง ๐˜ข๐˜ค๐˜ต๐˜ช๐˜ฐ๐˜ฏ ๐˜ฃ๐˜ฆ๐˜ค๐˜ข๐˜ถ๐˜ด๐˜ฆ ๐˜ต๐˜ฉ๐˜ฆ๐˜บ ๐˜ฉ๐˜ข๐˜ท๐˜ฆ ๐˜ช๐˜ฏ๐˜ท๐˜ฆ๐˜ด๐˜ต๐˜ฆ๐˜ฅ ๐˜ฉ๐˜ฆ๐˜ข๐˜ท๐˜ช๐˜ญ๐˜บ ๐˜ช๐˜ฏ ๐˜ช๐˜ต, ๐˜ฆ๐˜ท๐˜ฆ๐˜ฏ ๐˜ธ๐˜ฉ๐˜ฆ๐˜ฏ ๐˜ช๐˜ต ๐˜ช๐˜ด ๐˜ค๐˜ญ๐˜ฆ๐˜ข๐˜ณ ๐˜ต๐˜ฉ๐˜ข๐˜ต ๐˜ข๐˜ฃ๐˜ข๐˜ฏ๐˜ฅ๐˜ฐ๐˜ฏ๐˜ฎ๐˜ฆ๐˜ฏ๐˜ต ๐˜ธ๐˜ฐ๐˜ถ๐˜ญ๐˜ฅ ๐˜ฃ๐˜ฆ ๐˜ฎ๐˜ฐ๐˜ณ๐˜ฆ ๐˜ฃ๐˜ฆ๐˜ฏ๐˜ฆ๐˜ง๐˜ช๐˜ค๐˜ช๐˜ข๐˜ญ. ... See MoreSee Less
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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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Contact Info

Level 6, Inns of Court, 107 North Quay, BRISBANE 4000

(07) 30071777
brad@resolve.dental

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