• 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.


Making the Most of Mediation

With a settlement success rate of 85%, it makes sense that the courts order mediation as a compulsory step in litigation.  Mediation gives the parties the best chance to negotiate a resolution prior to either issuing proceedings or going to trial when proceedings have already been instigated.  Settling at mediation will avoid drawn out, costly and emotional trials.

What is Mediation?

Mediation is an alternative dispute resolution method. It is conducted by a neutral third party (usually a mediator or court registrar) who hears arguments from both sides. They can ask questions and clarify points in dispute. The mediator will generally then separate the parties into individual rooms and encourage them to make settlement offers to resolve the dispute.

The mediator’s role is to facilitate negotiations and settlement discussions. They do not provide legal advice or make a determination as to who is right or wrong.

How to get to Mediation?

You cannot force mediation! The only way to get the other side to attend a mediation is:

  1. By formal agreement: if your dispute relates to a written contract, look in the contract for a dispute resolution clause. This clause will usually require the parties to attend mediation prior to issuing legal proceedings;
  2. By informal agreement: you can attend mediation if the other side agrees in writing or during a discussion;
  3. If required by an ombudsman or other authority that governs the dispute;
  4. If required by a court or tribunal.

Although this means that the parties will have to attend the mediation, it does not guarantee a meaningful participation or discussion. For this reason, do not pressure the other side into attending mediation.

Be Prepared

The greatest advantage you can have in a mediation is being well prepared. Being prepared is more than just knowing your own arguments, it means foreshadowing the arguments or position of the other side. You can understand their position from reviewing the evidence, correspondence and being aware of the weaknesses in your own case.

You should also comply with any preparation requirements set by the mediator. This often includes:

  1. Providing a brief to the mediator. A brief will include a summary of the issues in dispute and the key documents;
  2. Providing a position paper to the other side and the mediator. The position paper will go through the evidence you rely on, a summary of your position and what you seek from the mediation;
  3. Reviewing the other side’s position paper and assessing the evidence relied upon. Generally, the strongest evidence will be in written form. The strength of oral evidence or discussions will depend on that person’s believability.

You should also know what your best and worst outcomes will be if the dispute doesn’t settle at mediation.

Be Aware of Your Negotiation Style

There are many negotiation styles and theories. At a very basic level, our advice is not to negotiate the way you like! You need to negotiate in a way that appeals to the other side, which may be a very different style than what appeals to you. Generally, the style the other side likes will be the style they are using against you. So, as a starting point you can simply copy their style, body language and tone.

For a more in depth discussion on mediation and negotiation, listen to our director, Alex Martin’s episode on Negotiation in Real Life here: https://open.spotify.com/episode/1xvUzAb4LqZgE0lIOYkIyb?si=Xsu370X6RTO6wV5P6YOxbA&utm_source=copy-link&nd=1.

Should you wish to discuss a specific issue relating to a dispute, please contact one of our experienced dispute resolution lawyers at Taurus Legal Management on (03) 9481 2000 or at info@tauruslawyers.com.au.

Posted by Taurus Legal Management