“Court ordered mediation – When the outcome of the mediation ends up ‘back in court’’
19 July 2018
Thursday, 19 July, Canberra
The court system in Australia from the early 1990s has become increasingly engaged with the use of mediation as part of the techniques available to lawyers to try and bring forward finality to litigation. A mediation before a final hearing is nowadays a common step in most Australian court jurisdictions.
Two senior Canberra legal practitioners Uwe Boettcher of Boettcher Law and Robert Clynes, barrister of Blackburn Chambers have both been supportive participants in these developments, since the late 1980s. They are able to share a quite unique experience in which they were both involved. This was when a dissatisfied client took proceedings against his advisers after having apparently agreed to resolve the dispute in question with the assistance of a highly experienced mediator (a retired and distinguished NSW judge) at a mediation conducted on 17 May 1991.
The client then disputed the outcome by bringing proceedings against his advisers in the NSW Supreme Court. He settled his case with the barrister on day 6 of the hearing and was unsuccessful against his solicitor at the initial hearing, again on appeal to the NSW Court of Appeal and also on his application for leave to appeal to the High Court.
Our presenters will give their perspectives on such issues as:
(a) the nature of the original underlying dispute
(b) how the original dispute evolved through the litigious process
(c) why mediation was appropriate as a means to try and resolve the underlying dispute
(d) whether things might have been done better in trying to maintain finality in terms of the agreement that was struck at mediation
Audience participation will be encouraged in a Q & A session at the end of the presentation.
Resolution Institute welcomes guests and encourages members to invite colleagues to join our professional learning and networking events.
About the speakers
Robert Clynes, Barrister
Robert was first admitted to practice in 1975 and spent some 30 years in the Canberra office of national law firm Minter Ellison as a commercial litigator. He was ACT Law Society President from 1993-1995 and retired as Chairman of Partners of Minters in September,2005. He has been busily occupied at the Canberra bar since. He has practised mostly in the commercial area and has had briefs from parties as diverse as the Commonwealth, the Prime Minister and Cabinet of the Solomon Islands, the ACT Government Solicitor and local and interstate law firms
Uwe Boettcher, Solicitor
Uwe’s background experience includes practising as a lawyer for 40 years and as a mediator for over 25 years. He was the Chairman of the Alternative Dispute Resolution Committee of the ACT Law Society for a number of years as well as having been a LEADR coach for over 10 years. These days he divides his time between the Corporate and the legal world. He is chairman of a number of companies including Xtek Limited which is a Defence and Homeland Security company listed on the ASX. In the legal domain he has worked with major international and national law firms and now conducts a boutique commercial dispute resolution and insurance law practice in Manuka.