Arbitrator and Expert Determination
What is Alternative Dispute Resolution (ADR)?
Alternative Dispute Resolution (ADR) is a means to enable parties to resolve their disputes without the necessity to attend court. Forms of ADR include mediations, arbitration and expert determination.
Mediation is a prominent feature of modern litigation. Most disputes will be mediated before trial. Many of the barristers at Lonsdale Chambers are accredited mediators. A mediation may be ordered by a court or may be arranged by agreement between disputing parties (either before or during litigation). Often a mediation will take place prior to the final trial in a proceeding (or even during the trial) to enable a dispute to be resolved without requiring parties to endure the expense and stress of trial.
A mediator is an independent person who will assist parties to discuss and resolve points of difference in various disputes. Mediators at Lonsdale Chambers have extensive experience in mediating all commercial disputes with a particular interest and expertise in Insolvency and Bankruptcy issues. Many of the mediators have specialist interests which are detailed in their profiles. See here for details of Lonsdale Chambers barristers who are available as mediators.
Lonsdale Chambers has facilities to host mediations both in person as well as on-line, when using one of Lonsdale Chambers barristers as a mediator (note that the facilities are not available to rent when using other mediators). The facilities consist of one large mediation room seating for 12 people with smaller break-out rooms available. There is limited secretarial support available along with tea and coffee making facilities. Lonsdale Chambers offers its full facilities at a minimal cost if its barristers are involved in the mediation, either as counsel or as mediator. The facilities may be booked by contacting the assistants.
Other preferred venues include; Vicbar Mediation Centre, mediation facilities at the County Court of Victoria, or solicitors offices within the CBD of Melbourne.
Lonsdale Chambers is equipped to “host” on-line mediations. Each of our mediators have experience conducting on-line mediations using platforms such as Zoom, Webex, Microsoft Teams and Modron. Lonsdale Chambers has secure and up to date audio visual equipment which enables mediations to be conducted according to requirements.
As on-line mediations are an emerging forum, practitioners should consider their approach to this forum. Online mediation requires bespoke preparatory measures not encountered in a traditional face to face mediation. To assist practioners, Lonsdale Chambers has available a Protocol document. To obtain a copy of the Protocols please contact one of our assistants.
Arbitration and Expert Determinations
Expert determination can occur at any time in a dispute and often occurs before or instead of litigation. Expert determination can offer the benefits of cost savings and shortening the length of hearings or trials. It is often specifically required in contracts.
Expert determiners may be selected because of their legal expertise in a particular area of law that is relevant to the dispute at hand. They will be able to use their legal knowledge to resolve the issues involved in the dispute. Expert determiners may decide all issues between the parties, or a specific issue chosen by the parties. The decision may be binding or non-binding.
Lonsdale Chambers has members who are able to act as arbitrators or expert determinaters. Please see here for further information.
Lonsdale Chambers Mediators are:
Bart Carew (Bart has particular interest and expertise in banking & finance, securities, insolvency, corporations, trade practices, property and equity claims.)
Simon Rubenstein (Simon has particular interest and expertise in Insolvency, Bankruptcy, Banking and Finance, Corporations, Financial services, Insurance claims)
Arbitrator and Expert Determination: