The NSW Bar Association held an ADR Masterclass on the 11 August 2018. Dr Simon Longstaff AO, Executive Director of the Ethics Centre presented on Ethics and ADR Practitioners, which was very interesting and insightful. Louise will share some points from his presentation as well as points from a panel discussion that day, on what makes an effective mediator (or alt. pet mediator hates and likes from a lawyer's perspective) with some of my tips added to help you choose an effective mediator that will assist you and your clients resolve their dispute effectively and ethically. Contact Louise if you would like her to assist you and your clients reach optimal results with greater satisfaction and enjoyment at mediation (or as a Barrister in medical negligence and victims of institutional abuse) at louise.mathias@sydneybarrister.net.au or (02) 9365399 #sydneybarrister #mediator … [Read more...]
Disentangling Plaintiff’s Injuries – Who Has To Prove What?
In victims of Institutional and medical negligence cases a common issue that often arises is; are there are other contributing factors which caused the Plaintiff harm, other than the alleged negligent act or omission? Who has to prove what in when it is alleged the Defendant is not liable for the total harm? How can mediation be given the best opportunity for success in these cases? Please feel free to contact Louise to discuss how she can assist you and your clients obtain optimal results in an enjoyable collaborative environment, at louise.mathias@sydneybarrister.net.au or (02) 9336 5399 or connect with her on LinkedIn. … [Read more...]
How To Assist The Court Accept Your Experts Evidence Over the Other Sides
Some simple tips to assist medical negligence lawyers when briefing medical experts - including how to brief, what to look for in the other side's reports (and your own reports) to persuade the court find in your favour. #sydneybarrister #mediator #medicalnegligence #victimsofinstitutionalabuse … [Read more...]
How To Assist Court Experts To Comply
All personal injury cases involve court experts, yet on many occasions the court timetables are not complied with by experts and the matters are delayed. What and when to communicate with experts about their obligations and responsibilities to the court? If they are too busy, do you need to find someone else? Does an adversarial system mean we have to be adversarial with our opponents on every issue including when trying to find time for experts to conclave ? If we are adversarial about every issue, we will cause court delay. Where there is collaboration between legal reps, this will assist experts to comply. … [Read more...]
6 Things You May Have Missed Considering In Medical Negligence Mediation
#karenstott #louisemathias #sydneybarrister #mediation … [Read more...]
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6 Tips To Make Sure Your Victims of Institutional Abuse Clients Are Not Further Traumatised By Delay
The Royal Commission into Institutional Responses to Child Sexual Abuse ("RC") has investigated how institutions across the country, including schools, churches, sports clubs and government organisations, have responded to allegations and instances of abuse. In February 2017, the RC released their report on the Catholic Church. The Australian Catholic Church released "grim" data revealing 7% of priests, working between 1950 and 2009, have been accused of child sex crimes; 1880 alleged perpetrators. I have been working with victims of institutional abuse cases (religious and Government Institutions), in various capacities for a number of years. The length of delay in such cases, is a common occurrence and has been said to cause more 'abuse' to the victims. From my experience, I have found the Defendants tardy in their litigation responses, in spirit and the letter of UCPR and litigation principles. The defendants propose to the court this is due to a number of factors. Are … [Read more...]