Mediation and Other Ways to Resolve Differences with Less Pain and More Gain

It has been the policy and practice of this firm to always consider ways of resolving differences between parties and continue to do so throughout the progress of cases we handle.

Life and its complexities have developed in every way and in every area of relationships and business. As a firm we have maintained our commitment to searching for ways to solve problems in the quickest and most economic way. We have continued developing and refining our skills.

Victor Berger has been accredited by mediation training and referral organisations ACDC and LEADR. He has been an executive member of the New South Wales Chapter of LEADR. As well as concluding a Masters in Law which included studies in International Commercial Dispute Resolution and Advanced Mediation.

Harry Freedman has been accredited by ACDC and as a Family Law Mediator.

Both continue ongoing education. They have also been instrumental in bringing judicial officers together to discuss expanding the role of mediation in the court system.

The result has been that:

Victor Berger has been able to use his skills in many areas including Commercial and Business disagreements;

Harry Freedman has also done the same in Family Law matters. Including many cases where colleagues have requested him to mediate between couples for whom they act.

The great benefit of mediation has been increasingly recognised across almost every industry and social group. State and Federal Attorney Generals now have this high on their agenda as a means of providing speedy and cost effective justice. The use of mediation is found in business, unions and the military services. As well as religious, community, social and indigenous organisations.

When compared to court proceedings, mediation can achieve significant goals without having conditions imposed by a third party. These achievements are also often made whilst preserving the relationships of the people involved. And all that on top of considerable savings in time and expense.

Mediation is available from a vast variety of people with an extraordinary range of skills. The majority, however, have no legal training. At MBBF, we have had the opportunity to exchange knowledge and experiences with a very wide range of mediators. 

This has led us to believe that legal training is, in fact, a very important ingredient in the majority of mediation cases. Trained lawyers are often better placed to:

• Quickly identify authentic obstacles to negotiations.
• Assess areas of genuine disagreement which are based upon misunderstood principles.
• Offer solutions which include services from non-legal entities, such as, medical and social  practitioners.

In our experience, for the majority of cases, the parties in disagreement are comparing their potential solution with that which a judicial body might deliver. They often need to be reminded of the pitfalls and uncertainties of legal proceedings, as well as the potential costs and delays involved.

At MBBF, we are glad to receive any enquiries, free of cost, regarding the potential for resolving disagreements of any kind. Even if you do not feel such disagreements involve legal questions.