Who to appoint as a mediator usually depends heavily on the nature of the dispute. For that reason, we suggest getting preliminary legal advice about your options before appointing a mediator.
As a few examples:
if the dispute is between business owners, there may be a pathway for Court ordered mediation under the oppression provisions of the Corporations Act 2001 (Cth);
if your dispute involves a retail lease, you may be eligible to use the mediation service provided by the Victorian Small Business Commission;
if your dispute involves a claim by an employee, there may be options to use the Fair Work Commission’s conciliation service; and
if your dispute relates to commercial law, your mediator ought to be an expert in the relevant aspect of commercial law. This will allow them to authoritatively talk to the parties about the issues and the potential consequences if the matter ultimately went to Court.
As you will see from the above, there is no ‘one size fits all’ approach and it is important to think carefully about the best way of appointing a mediator for your business dispute. We are happy to advise you regarding your rights and options.