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Mediation & Conciliation

Not every dispute needs to be resolved through prolonged litigation. Mediation and conciliation can provide parties with an opportunity to address their differences through a structured process and arrive at a mutually acceptable resolution. M & Z Legal advises and represents individuals, businesses and organisations in mediation and conciliation proceedings across a range of civil, commercial and family-related disputes.

Our role extends beyond simply presenting a client’s legal position. We assist clients in assessing their interests, understanding the issues in dispute and developing a settlement approach that takes account of both legal rights and practical considerations. Where a negotiated resolution is appropriate, we work towards documenting the agreed terms clearly and effectively.

Our Mediation & Conciliation Practice

Our work includes:

  • Pre-Litigation Mediation: Advising clients on the possibility of resolving disputes before commencing formal court proceedings.
  • Court-Connected Mediation: Representing clients in mediation proceedings referred by courts and other appropriate forums.
  • Commercial Mediation: Assisting businesses and commercial parties in resolving contractual, financial and business disputes.
  • Property & Real Estate Mediation: Advising parties in disputes concerning property, possession, development, leases and related contractual arrangements.
  • Family & Matrimonial Mediation: Assisting parties in resolving matrimonial and family disputes, including matters concerning maintenance, property and other family-related issues.
  • Contractual Disputes: Supporting parties in negotiations concerning performance, breach, termination and settlement of contractual disputes.
  • Conciliation Proceedings: Representing clients in conciliation processes and assisting with the negotiation and documentation of settlements.
  • Settlement Negotiations: Advising clients on settlement proposals, negotiations and the legal implications of proposed terms.
  • Settlement Documentation: Drafting and reviewing settlement agreements, consent terms and other documents recording the resolution of a dispute.
  • Post-Settlement Assistance: Advising on implementation and enforcement of settlement terms where required.

How We Assist

M & Z Legal begins by understanding the nature of the dispute, the client’s objectives and the scope for a negotiated resolution. We assist clients in preparing for mediation or conciliation, evaluating proposals and negotiating terms while keeping the relevant legal and practical considerations in view. Where an agreement is reached, we assist with documenting the settlement clearly and advising on the steps required for its implementation.

Frequently Asked Questions (FAQs)

What is mediation?

Mediation is a structured dispute resolution process in which a neutral mediator assists parties in reaching a mutually acceptable settlement.

Conciliation is a process in which a neutral third party assists disputing parties in attempting to resolve their differences and reach a settlement.

Yes. Parties may explore mediation before commencing litigation where the nature of the dispute permits it.

Many civil, commercial, contractual, property and family disputes may be suitable for mediation, subject to applicable law.

Yes. The firm assists clients with appropriate negotiations, mediation, conciliation and documentation of settlements.