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Alternative Dispute Resolution

The Law Society of New South Wales runs and implements various Alternative Dispute Resolution ('ADR') programs that are designed to specifically assist solicitors resolve disputes in order to avoid the costs, uncertainty and delays of the Courts.

More and more legal practitioners are turning to ADR and The Law Society of New South Wales is readily available to discuss programs and services that suit the individual circumstances of the matter. Please contact our ADR team on (02) 9926 0396 during business hours. 

ADR Programs and Services
 

1. Family Law Settlement Service (FLSS)

This is the most popular program we offer. It is a mediation service tailored particularly to family law matters. Over 62% of matters referred to the FLSS in the last six months (July 2017 to December 2017) settled or partially settled. We have qualified solicitor and barrister mediators that are also experienced in family law ready to assist you resolve family law disputes. There are no delays. 

Click here for more information about FLSS.
 

2. The Law Society of New South Wales Mediation Program

This Program assists people wanting to resolve a dispute outside of a court room.

The Program is aimed at people who want to avoid going to Court and who are willing to negotiate in good faith with the opposing party to reach a settlement.

The referrals are made to experienced mediators who will tailor the mediation to the specific needs of the parties and the dispute itself. We have mediators appointed to our panel that are experienced and qualified to mediate all types of disputes. To apply, parties need to complete an online application or contact our ADR team on (02) 9926 0396 during business hours.

Click here for more information about the Law Society Mediation Program.
 

3. Presidential Appointment of an Arbitrator

Pursuant to a contractual clause, the President of The Law Society of New South Wales is empowered to appoint an arbitrator to determine a dispute. An arbitrator is selected from the current Local Court Arbitrators Panel and appointed when no conflicts of interest exist.  

Click here for more information about Presidential Appointment of an Arbitrator. 
 

4. Presidential Appointment of a Valuer 

Clause 5.16 of Annexure B of the Lease empowers the President of The Law Society of New South Wales to appoint a valuer to conduct a market rent review when parties are not able to agree upon a valuer themselves. Where the Lease is a commercial lease, a licensed valuer is selected from the Australian Property Institute and appointed when no conflicts of interest exist.

Click here for more information about Presidential Appointment of a Valuer.   
 

5. Presidential Nomination of a Mediator 

Pursuant to Dispute Resolution clauses contained within the relevant contract or agreement, the President of The Law Society of New South Wales is empowered to make a nomination of a mediator to resolve a dispute. Mediators are selected from the current Law Society Mediators Panel and nominated when no conflicts of interest exist.

Click here for more information about Presidential Nomination of a Mediator.  
 

6. Presidential Appointment of an Independent Solicitor 

An independent solicitor can be appointed by the President of The Law Society of New South Wales by a consensus position between the parties or pursuant to consent orders or terms of settlement. The requests are generally made for an independent solicitor to act on the sale of a former matrimonial property.

Click here for more information about Presidential Appointment of an Independent Solicitor.
 

7. Presidential Nomination of an Expert 

The request for the Presidential nomination of an expert can be made by a consensus position between the parties or by a clause in a deed or agreement. The expert is an independent third party (solicitor) with recognised expertise in the subject matter.

The expert conducts the procedure in accordance with designated rules or in accordance with the Law Society of New South Wales Rules for Expert Determination.

Click here for more information about Presidential Nomination of an Expert. 
 

Additional Information

FLSS Panel

Click here for a list of legal practitioners who have been appointed to the FLSS Panel for 2018-2019. 

Mediators Panel

Click here for a list of legal practitioners who have been appointed to the Mediators Panel for 2018-2019.

Fees for ADR (current as of 1 February 2018)

Click here for more information about The Law Society of New South Wales fees for ADR.

Venue Hire for Your Mediation at The Law Society of New South Wales

The Law Society of New South Wales offers rooms for your mediation. Click here for more information about room hire.  
   

CONTACT

  • The Law Society of New South Wales
  • Alternative Dispute Resolution
  • 170 Phillip Street
  • Sydney NSW 2000
  • DX 362 Sydney
  • T: (02) 9926 0396
  • E: ADR@lawsociety.com.au
FLSS - Pro Forma Consent Orders

FLSS - Pro Forma Consent Orders

The Model Clause Tile