An Introduction to Court Related Mediation

This webinar will be facilitated by Mediation Institute Member, Christopher Erskine.

An introduction to Court Related Litigation Mediation. 

What's are the differences from basic facilitative mediation?

In this presentation, Christopher will draw out some of the distinctions between the facilitative mediation that is taught for NMAS Accreditation and the mediation that occurs in court related litigation mediation processes.

This session will be of interest to anyone who’s considering or participating in court-related mediation or wants to find out more about working with or as legal representatives in this type of mediation.

Often lawyer mediators and other specialists working at the evaluative end of the mediation spectrum find the assumptions of facilitative mediation challenging.

This may be because of:

• the differences in what you know to start with,
• the role of the mediator during the mediation,
  
• who participates in the process and
  
• how the mediator facilitates an outcome.

During the presentation Christopher will explore some of these major distinctions:

• The trend to mediation instead of or first before initiating court action,
• Mediation briefs and position papers provided to the mediator,
• The role of self-determination when each party is represented by experienced lawyers,
• How to work with lawyers during the mediation to make the most of their participation and knowledge of their clients,
• Hints and tips for court-related mediation and the role of the mediator in managing the dynamics of the various roles,
  
• Q & A – there will be plenty of time left for discussion about this style of mediation with Chris and other Court Related Mediators who participate.

More about Christopher Erskine

Christopher is an NMAS Accredited Mediator and Senior Counsel at Blackburn Chambers in Canberra in the ACT.

Chris Erskine has been in practice in Canberra for the whole of his career. He began work as a prosecutor with the DPP, and in less than two years he had appeared as Crown Prosecutor in several jury trials as well as instructing the Director (Ian Temby QC) in the first serial murder trial that Canberra had seen. He moved to the Australian Government Solicitor in 1984 where he developed an interest in administrative law as well as commercial matters and became the first in-house counsel appointed by the AGS in the ACT.

He moved to the private bar in 1992 and built on his 10 years of experience with the government. He has appeared regularly in the Federal Court and the ACT Supreme Court and Magistrates Court, as well as the administrative tribunals of both the Commonwealth and the ACT.

In 2003 he was briefed by NSW to appear for the state in the ACT’s long-running coronial inquiry into the devastating 2003 bushfires that burned into Canberra. When several hundred plaintiffs subsequently sued NSW, he joined the team briefed to represent the state in that litigation. The case tested the boundaries of liability for government authorities in negligence and involved careful analysis of how the High Court has developed this important area of the law.

In 2018, 2019, and 2020, Chris was recognised in Doyle’s Guide as a recommended Commercial Litigation & Dispute Resolution, and Wills & Estates Litigation Barrister in the ACT.

In 2019 he became a nationally accredited mediator (NMAS) available to facilitate the resolution of all types of civil disputes.

Outside law, he is a musician of note, serving as the principal organist on the largest classical organ in Canberra at St Paul’s Anglican Church, Manuka. He has played for two services attended by the Queen and has also been organist in the famous Saint-Saens Organ Symphony and many other concerts.

Appointed as Senior Counsel

2008

Called to the Bar
1992

Download CV

Practice areas

• Commercial law
  
• Common law / Personal injury
  
• Equity and trusts
  
• Public / Administrative law
  
• Town planning and development