• Commercial Law

    Commercial Law

    We are business people as much as we are lawyers. We will take care of the legal documents so you can confidently run your business.
    As your business grows, its risk profile and governance challenges will change. We partner with our clients over the long term to ensure they are in the driver’s seat for success.

  • Dispute Resolution

    Dispute Resolution

    We are in your corner when the going gets tough. Having resolved over 6,500 disputes for business owners have seen it all before.

    Whether you need a skilled negotiator or a fearless litigator, we specialise in delivering commercial results when:

    Customers refuse to pay;
    Suppliers let you down; and
    Business Partners do the wrong thing.

  • Employment & Safety

    Employment & Safety

    The biggest challenge for any business owner, is managing their employees.

    A difficult employee can make you question why you got into business in the first place and be toxic to your team morale.

    We deliver proactive solutions to manage your team via employment contracts, policies and procedures as well as handling employment disputes when they arise.

  • Property & Construction

    Property & Construction

    Property is the key most wealth in Australia.  Whether you are buying, selling, leasing or developing property, you need a lawyer you can count on.

    We can advise on the whole property development process from obtaining finance to development approvals, construction and sale or leasing.

    We also act for the Master Builders Victoria and have extensive expertise in construction contracts and disputes.

  • Family Law

    Family Law

    At Taurus Legal Management we understand the unique challenges clients encounter during family disputes, especially when children are involved. Our family lawyers specialise in handling high-asset cases with a focus on protecting clients wealth, securing their family’s future, and safeguarding the best interests of their children.


Formal Mediation with a Trained Mediator is More Effective in Dispute Resolution

Formal mediation is a mediation conducted by a trained mediator. They are an expert in their field and their role is to help the parties facilitate discussions of settlement. In a formal mediation the parties must be prepared to put their hand in their pocket to resolve the dispute. But is spending that money always worth it?

What is the Difference?

An informal mediation is a meeting run by a mutual connection or a third party who is not a mediator. They are not trained in how to conduct mediations or in the art of negotiation. Rather, they are there because they are known and trusted by the parties. They are seen as someone who can help keep the peace.

The setting in an informal mediation is also less foreign. Often the mediation is held at one of the party’s premises or via telephone. This is a familiar location and can make the parties feel more comfortable. In some instances, this can make the parties feel too at ease and not appreciate the seriousness of the dispute.

There are often no lawyers or advisors involved in an informal mediation.

Disadvantages of Informal Mediation

The greatest disadvantage of informal mediation is that the parties do not have access to someone who is trained in mediation. This can affect the whole mediation, from its structure through to the parties’ attitudes.

In our experience, a formal mediation is more likely to resolve the dispute. The mediator plays a significant role in helping resolve the dispute by differentiating between a position and an interest. A position could be asking for $50,000 whereas an interest is the reason behind why that person is asking for $50,0000. The more entrenched that party becomes in their position, the harder it is to reach a resolution and to turn the focus on their interest.

Once the interests of both parties are explained and understood, a settlement is far more likely.

Which is Binding?

A settlement reached at a formal mediation is more likely to be binding than one reached at an informal mediation. At a formal mediation, the parties will sign a Deed of Settlement which they intend to be bound by. This is a written document evidencing the agreement reached in very clear terms. They are often crafted by lawyers with many years of experience.

On the other hand, a settlement at an informal mediation may not be documented at all. If it is documented, it may not be signed or may be ambiguous and open to interpretation. These outcomes may not be legally binding. If they are, it will be far harder and costly to enforce. Whilst an informal mediation contains less upfront costs, the enforcement of any settlement agreement will absorb those costs within 1-2 weeks.

You can view our video on the steps involved when deciding to litigate here.

If you need assistance resolving a dispute or attending a mediation, please contact one of our expert litigation lawyers at Taurus Legal Management on (03) 9481 2000 or info@tauruslawyers.com.au.

Posted by Taurus Legal Management