ADR Appointment Services

Disputing parties and their advisers often agree that a barrister is the ideal choice to help resolve a dispute out of court, but cannot agree on the selection of an individual practitioner.

The Victorian Bar provides appointment services by which an independent mediator, arbitrator, or expert can be appointed to resolve a dispute.

For more information about mediation and answers to common questions, please visit the Victorian Bar mediation page here.

MEDIATION

The Victorian Bar Expedited Mediation Scheme

Parties seeking a mediator to settle a dispute, or those where an order for mediation has been made by the Courts, can access the Victorian Bar’s Expedited Mediation Scheme. Where parties are unable to agree on a mediator, they can apply through the scheme for an expedited mediation conducted by a Victorian Bar nationally accredited mediator, appointed by the President of the Victorian Bar.

Mediation must commence within 30 days of appointment of a mediator unless extended by the parties or the Court.

The Expedited Mediation Scheme can be used for any type of dispute or proceeding.

More information about the Victorian Bar’s Expedited Mediation Scheme is here.

If you wish to access the scheme, please contact mediation@vicbar.com.au.

Protocols for the Federal Circuit and Family Court of Australia (FCFCOA) mediations

The Victorian Bar also has specific Expedited Mediation Scheme protocols in place with the FCFCOA for Family Law Property, Commercial Panel and Industrial (Fair Work Division) proceedings.

The protocols allow for the parties to appoint a mediator of their own choice within 7 days of an order being made for mediation. If the parties do not appoint a mediator within 7 days, or if they choose to use the Scheme, a nationally accredited barrister mediator will be nominated by the President of the Victorian Bar.

If the Court makes an order referring a proceeding to mediation, the process and expedited timeframes for nomination of a mediator and conduct of the mediation are those contained in the Scheme and Protocols for the relevant division below. The protocols below expressly provide for online or in person mediation services.

• The Victorian Bar Expedited Mediation Scheme – Protocol for Family Law Property proceedings is here.
• The Victorian Bar Expedited Mediation Scheme – Protocol for Commercial Panel proceedings is here.
• The Victorian Bar Expedited Mediation Scheme – Protocol for Industrial (Fair Work Division) proceedings is here.

For more information about the Expedited Mediation Scheme and Protocols please email mediation@vicbar.com.au.

More information about mediations in the Federal Circuit Court can be found on the Court’s website here.

Protocol for the Victorian Bar/County Court Commercial Division Mediator Referrals

The Victorian Bar has agreed protocols with the Commercial Division of the County Court of Victoria, for the Court to refer matters to Bar mediators under an agreed Protocol. The Protocol will assist parties and their lawyers find appropriate, nationally accredited barrister mediators, to help resolve their disputes out of court, and assist the Court in managing increasingly heavy caseloads.

The Protocol has been developed to provide a mechanism for the Court to request that the President of the Victorian Bar nominate nationally accredited mediators from the Victorian Bar for urgent matters, or in the event that the parties cannot agree on a mediator. The Protocol applies to the County Court’s Commercial Division proceedings. It will help ensure that resolution of disputes can continue to be found through nationally accredited mediators with specific experience in online and in-person mediation.

The Protocol is here.

Guidance in relation to the mediator's capped fees under the protocol is accessible here.

Protocol for the Victorian Bar/County Court (Common Law Division) Family Property List Mediator Referrals

The Mediator Referral Scheme is an initiative of the Victorian Bar and the Common Law Division of the County Court of Victoria for matters in the Family Property List to be referred for Mediation to barrister mediators under an agreed Protocol.

The Protocol assists parties and their lawyers find appropriate, nationally accredited barrister mediators, with experience in testator family maintenance or de facto property disputes.

The Protocol has been developed to provide a mechanism for referral requests to be made to the President of the Victorian Bar to nominate nationally accredited mediators from the Victorian Bar. The Court may make direct referral requests, the Court may make an order permitting or directing parties to make a referral request and the parties may make a referral request without a Court order. Upon receipt of a referral request, the Bar will arrange for details of the referral to be circulated to appropriately experienced barristers on the panel. The President will nominate between three to five mediators who are available to conduct the Mediation. On receipt of the nomination, the Court or the parties will appoint a mediator.

Under the Protocol, mediator’s fees are capped. In the case of a proceeding in which the net asset pool is less than $500,000, mediator fees are capped at $2,200 (incl. GST) for a 7-hour mediation. In other cases, a higher fee may be agreed.

The Protocol is here.

Guidance in relation to the mediator's capped fees under the protocol is accessible here.

ARBITRATION

The Victorian Bar Commercial Arbitration Appointment Service

The Victorian Bar offers a service to the legal profession and the public for the independent appointment of barristers as commercial arbitrators.

The Commercial Arbitration Appointment Service provides for the President of the Victorian Bar to appoint an arbitrator (or arbitrators, if requested) on behalf of the parties where they are unable to agree on an individual. If the arbitration agreement specifies a different appointing body, the parties can wish to amend their arbitration agreement to specify the Victorian Bar’s Commercial Arbitration Appointment Service.

Read more about the Service here.

Please contact vicbar@vicbar.com.au for enquiries.

Victorian Commercial Arbitration Scheme

The Victorian Commercial Arbitration Scheme (VCAS) is a set of Rules through which the legal profession and the public can resolve disputes quickly, without needing to go to court, under a capped-fee scheme with arbitrators who are Victorian Barristers familiar with commercial arbitration practice. The Panel of Arbitrators is established and maintained by the Victorian Bar Council on behalf of Victorian Bar Inc. 

Under the VCAS Rules, the decision (the Award) is usually made within 90 to 120 days of the arbitration and is enforceable by a court.

For more information on VCAS and how to commence an arbitration under the VCAS Rules, click here.

EXPERT DETERMINATION

The Victorian Bar offers a service to the legal profession and the public for the independent appointment of expert determiners.

The Expert Determination Appointment Service provides for the President of the Victorian Bar to appoint an expert determiner on behalf of the parties where they are unable to agree on an individual. The parties may make an application to the President of the Victorian Bar who will make an appointment of a member of the Bar who possesses expertise in the relevant field. In making the application, the parties must agree to be bound by the appointment made by the President.

Please contact vicbar@vicbar.com.au for enquiries.