1. THE ROLE OF MEDIATION IN BODIES CORPORATE
Ben Strangman
Barrister

2. CURRICULUM Vitae Hospitality background
Senior Associate – Body Corporate - Litigation
Body Corporate Industry - SCA
Barrister
National Accredited Mediator
CURRICULUM Vitae
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3. Lawyers – Solicitors and Barristers (Bar Exam and Practice Course)
Advocates
Independent
Specialised knowledge
What is a barrister?
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4. Ways of resolving disputes
Parties directly resolving the dispute themselves – internal dispute resolution
Commissioner’s Office
QCAT
Courts
Ways of resolving disputes
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5. Voluntary, although may be required by some contracts
Parties are assisted by someone external to the conflict
Designed for parties to own their own solution to the dispute
What is mediation?
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6. Advantages of mediation
Can prevents the escalation of the dispute, even if a solution is not arrived at
Focuses on interests, rather than “rights”
Parties participate is forming the solution
Flexible outcomes
Recognises the need preserve the relationship
Quick
Cost effective
Possible outcomes where both parties “get something”
Advantages of mediation
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7. How mediation fits into bodies corporate?
Anywhere that there is a dispute – caretaking disputes, levies, neighbors, committee members etc.
Excellent way of demonstrating internal dispute resolution attempted
Sometimes required by contract
How mediation fits into bodies corporate?
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8. WHY YOU SHOULD SUGGEST MEDIATION?
People can tend to be in a rush to get to Court, and they forget that there are other more efficient ways of solving problems
Prior to committing lot owner’s money to what could be long and expensive litigation, all other options should at least be considered
As the BCM, a useful tactic, to maintain your independence, is to suggest alternatives, just as you would normally provide a list of solicitors and suggest the client meets them and makes the decision themselves
Allows a committee to apply a conservative approach to any dispute and confirm to lot owners that litigation was truly the last option, not the first
WHY YOU SHOULD SUGGEST MEDIATION?
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9. Located in Southport on Davenport Street, opposite the Courthouse
All inclusive packages, including preparation and room hire, for either ½ day or full day
Two rooms available, “The Boardroom” and “The Library”, this allows for a break out room for the parties to have privacy
Close to carparking and public transport
practicalities
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10. Ben strangman Inns of Court Gold Coast
Level 1, 52 Davenport Street, Southport, Qld, 4215
Ben strangman
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