When the parties to a dispute live in different countries, litigation becomes slower, costlier and more uncertain. Which court decides? Will its orders be recognised overseas? How can witnesses in China or Malaysia give evidence? Mediation avoids many of these problems, because the parties themselves agree the outcome.
Who this suits
- families with members in Australia and in China, Hong Kong, Taiwan, Singapore, Malaysia or Indonesia;
- estates with assets or beneficiaries in more than one country. See overseas beneficiaries of Australian estates;
- business partners and investors on different sides of a border;
- separating couples where one party has returned overseas.
Language and culture
Mediating in a party’s own language changes the quality of the conversation. I conduct mediations in English and Mandarin, with Cantonese support available, and work with interpreters for other languages and dialects. Cultural understanding matters as much as language: indirect communication, respect for elders, concern about face and the role of the wider family all shape how a dispute can be resolved.
Online mediation
Mediations can be conducted entirely online, with secure video, separate virtual rooms for private sessions and electronic signing of settlement documents. Sessions can be scheduled across Australian and Asian time zones.
Making the settlement work in more than one country
A settlement is only valuable if it can be carried out. Cross-border settlements may need consent orders or deeds in Australia; notarised and authenticated documents for use overseas; transfers of property in another country under that country’s procedures; and attention to tax and foreign exchange rules. Drafting the agreement with implementation in each country in mind is part of the mediation, not an afterthought. Our firm’s notarial practice can assist with documents for use overseas.
How we assist
I mediate cross-border family, estate and business disputes in English and Mandarin, online or in Melbourne. See also coordinating a global estate, one family, several countries and how I mediate.
Frequently asked questions
Can parties in China or Southeast Asia take part in an Australian mediation?
Yes. Mediations can be held online across time zones, with separate virtual rooms for private sessions.
Can the mediation be conducted in Mandarin?
Yes. Justin conducts mediations in English and Mandarin, with Cantonese support available, and works with interpreters for other languages.
How is a mediated agreement carried out overseas?
Depending on the matter, through consent orders or deeds in Australia, notarised documents for use overseas, and steps taken under the other country’s procedures. These are planned when the agreement is drafted.
Is online mediation as effective as meeting in person?
For many cross-border matters it is, and it allows people to participate who otherwise could not. The format is chosen to suit 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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