When you choose a mediator, you are trusting someone with your client’s case and your own relationship with that client. You need a mediator who understands the law, prepares properly, respects the role of the lawyers in the room, and can get a difficult matter over the line. This page explains how I work with practitioners.
What you can expect
- Real preparation. Before the mediation I hold a pre-mediation conference with each side, usually by video, to understand the issues, the obstacles to settlement, who needs to attend and what information is missing. I read the material, including the affidavits, valuations, trust deeds and medical evidence.
- An understanding of litigation risk. I appear in court as a solicitor advocate and act in estate, family law and commercial matters. I understand how a capacity challenge, a family provision claim or a property settlement is likely to look at trial, and can reality-test both sides credibly.
- A flexible process. I work within the procedures of the different court, tribunal and legal aid panels I sit on, and tailor each mediation to the parties. That may mean shuttle mediation instead of joint sessions, several shorter sessions, a hybrid of in-person and online attendance, or a facilitative or more evaluative approach. The format is chosen after the pre-mediation conferences, based on what will work for the people involved.
- Respect for your role. You remain your client’s adviser. I will not undermine your advice in private session; I test positions and help your client understand risk so that your advice lands.
- Persistence. Many family disputes do not settle until late in the day, or after the mediation. I follow up with both sides afterwards where a matter has not resolved on the day.
- Settlement documents that work. I work with you to make sure the terms of settlement deal with tax, costs, timing, consent orders, court approval for parties under a disability, and the mechanics of transferring assets, including assets overseas.
Matters I am well suited to
- family provision claims and challenges to wills, particularly in Chinese and Asian families;
- family law property and parenting disputes, including family dispute resolution with section 60I certificates;
- disputes within family groups and family businesses, with multiple parties and generations;
- shareholder, partnership and commercial disputes between parties with Chinese or Asian backgrounds;
- matters with parties, assets or witnesses overseas.
Language and culture
Many of my mediations involve parties who are more comfortable in Mandarin. Conducting the mediation in the party’s own language, rather than through an interpreter alone, often changes the outcome. It reduces misunderstanding, allows the party to speak naturally in private session, and helps them trust the process. I also understand the cultural dynamics, such as face, deference to elders and indirect communication, that can cause a mediation to stall if they are missed.
Credentials and panels
I am a Nationally Accredited Mediator, an accredited Family Dispute Resolution Practitioner, a family law arbitrator, a parenting coordinator, a collaborative practitioner and an Accredited Family Business Advisor, and I am trained in elder mediation. I sit on mediation panels including those of the Supreme Court of the Northern Territory, the Land Court of Queensland and legal aid. I am accounting-trained, which helps in matters involving financial statements, valuations and family business accounts.
Practical arrangements
- Mediations in person in Melbourne, at your offices or a neutral venue, or online with separate virtual rooms.
- Availability at short notice where a court timetable requires it.
- A conflict check before every appointment. Our firm never acts for any party in a matter I mediate.
- Fees are quoted on enquiry and are generally shared between the parties.
To discuss a matter or check availability, contact our Melbourne office on +61 3 9602 3988. See also preparing for mediation, the mediator’s toolkit, with case studies and how I mediate.
Frequently asked questions
Does Justin hold pre-mediation conferences?
Yes. A pre-mediation conference is held with each side, usually by video, to understand the issues, the obstacles to settlement, attendance and any missing information.
Will the mediator undermine my advice to my client?
No. The lawyer remains the client’s adviser. The mediator tests positions and helps the client understand risk, which supports rather than replaces the lawyer’s advice.
Can mediations be arranged at short notice?
Where a court timetable requires it, mediations can often be arranged at short notice, in person or online.
How are the mediator’s fees dealt with?
Fees are quoted on enquiry and are generally shared between the parties.
Chua Tan Associates advises families, executors, trustees and their professional advisers on estate planning, estate administration and estate disputes, in Australia and across borders. To arrange a confidential consultation, please contact our Melbourne office on +61 3 9602 3988 or submit an enquiry. Advice is available in English, Mandarin and Cantonese.
Justin Chua (蔡智勋), lawyer and mediator, Chua Tan Associates, Melbourne. General information only, not legal or tax advice. Victorian law unless stated otherwise.
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