Australia Day is tomorrow. Probably 50% of the workforce has taken today off, to have what we call the Great Australian Long Weekend. Forget productivity, why not either move the holiday to Monday or let's just celebrate and declare the long weekend. Let's stop playing games. I'm at work and can not get anyone on the phone to do my job.

New Mobile Service

James White Lawyers are now able to receive all emails via blackberry.

Twitter Blog

There is a new blog site: www.twitter.com

Check it out.

My twitter site is: www.twitter.com/jwlawyers

India and Obama

I have been back from India and Nepal since October 2009 and it has taken me since that time to reflect on the effect of this trip on my life.

India is unique and anybody he travels India soon realizes that it is vital and exotic. The contrasts are enormous particularly compared with Australia. I returned to Australia with a renewed appreciation of our country. In saying that, we can learn alot from India.

We are quite a conservative lot and it takes time to get things done. In India the sheer force of humanity strips away some of the bureacracy as people are desperate to get things done. India brings things down to a base level. There is no time to worry about formalities which we worry about.

In Dehli they are building a transit system, across the city. It is being done despite the population and urban sprawl. In Brisbane, by contrast, take years to plan a tunnel.

Communication and technology is booming in India. Mobile phone proliferate and the computer is everywhere. The internet is the glu to commerce. Even in in the himalayas, the internet is accessable.

Upon my return, I focussed on what was important in my life. That is the luxury of travel. I also focussed on what is important to my clients. I hope to improve the delivery of legal services to my clients.

This blog can not end without some comment on the Obama phenomenon. You can not watch this man without admiring him. He is relatively young, intelligent and a great orator. Time will tell if he carries out his agenda. I hope he is successful as the world needs good leadership and direction in the coming years. He takes on enormous responsibilities and has accepted national and international obligations.

His speeches are worthwhile studying as they are cleverly crafted and we can all learn something from them, not only the content, but the structure of them

Mediate or Litigate

In the UK the former Lord Chancellor, Lord Falconer, has predicted an explosion of ‘mega-litigation’ in the aftermath of the collapse of Lehman Brothers. Delivering the keynote speech at the Legal Week Litigation Forum in London, Falconer said the demise of the US’s fourth-largest investment bank would be a turning point for credit crunch-related litigation, unlocking a flood of cases.

“There is going to be litigation on a scale that we have not seen before,” he told the conference, predicting the emergence of “a new era” for litigation and dispute resolution.

What does this mean for Australia and litigants? Mediation must considered as not just an option but as a necessity. People will not be able to afford to litigate. It is something some lawyers will resist due to impact on fees but ultimately they will not have any choice.

What it means for mediators is to become skilled in negotiations when both parties are reluctant participators and don’t want to compromise. Increasing the pie of options for resolution will need to be explored. A new type of mediation may emerge. Settlement negotiations at all costs. Litigants simply will have to resolve the dispute or face enormous financial pressure.

Divorce Mediation

Should you have to divorce, you should consider mediation as it allows the parties to reach their own agreement with the assistance of a neutral third party.

Divorce can be stressful and mediation can assist in equalizing the power imbalance between the parties.

What used to happen

Legal proceedings are usually instituted which required appearing in court with your lawyer. After many months, you ended up going to court and having a judge make the final decision. Documents have to be prepared and your financial affairs disclosed and scrutinized. It was also a very costly process.

What can happen NOW

Before considering any court proceedings, a mediator can be appointed and work through all of the issues with both parties. Lawyers can be present, but it is not always necessary.

It is a voluntary process which empowers both parties, as unless both parties are willing to negotiate, settlement can not be reached. So there are a very good prospects of an early resolution. When agreement is reached, both parties engage lawyers to draw up a final agreement which is then full and final and binding on the parties.

The process is confidential and the mediator will assist both parties to move towards a settlement. Usually this is in a very relaxed and problem solving manner. The mediator has a variety of skills including intercommunication skills and legal knowledge.

The most important skill of the mediator is the ability to allow the parties to think outside the square. The mediator doesn’t take sides and encourages the parties to reach their own agreement.

When do you mediate.

Mediation can occur at anytime. Certainly the earlier it begins the better as you avoid the dispute commencing in court and incurring unnecessary expenses.
Selecting a Mediator

Mediation in Australia is changing. All mediators will now need to have be nationally accredited. This is a welcome development as up until now skills and qualifications and experience of mediators were scattered through various agencies. Each agency had there own standards. It has taken a long time, but now there is now one recognized standard. I predict that the large number of mediators list in the various panels will reduce. Only accredited mediators will be able to be listed. There will therefore be a sorting and vetting process over the next couple of years. When looking for a mediator, look for a nationally accredited mediator. You can find them through your local law society.