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.

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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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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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