Specialised Estate Mediation
Our Director, Michele Davis, is a lawyer, collaborative practitioner and mediator.
Mediation is an alternative way to resolve your estate dispute without going to court.
Michele Davis has been a legal practitioner for more than 10 years and has completed specialised training in mediation and collaborative practice for wills and estates matters. Michele’s legal expertise in this area places her well to appreciate the very nuanced, complex and highly emotive challenges that are unique to estate disputes.
In her mediation practice, Michele’s background provides a valuable foundation to assist parties to find resolution in both pre and post-death estate disputes, including issues that can arise in the retirement and ageing stages of life. Examples of estate mediations Michele can assist with are:
- Family provision claims
- Estate administration disputes
- Will disputes
- Estate planning discussions
- Business succession discussions
- Ageing and care arrangements
- Granny flat disputes
You can read more about Michele’s experience, achievements, and accolades here.
Michele’s unique skills provide her the opportunity to mediate many types of matters in addition to estate mediations. Michele is available to mediate matters involving health care, commercial disputes, small business and various civil matters. If you have a matter you think Michele can help with, please book a chat with Michele.
Want to suggest Michele as a mediator for an estate dispute?
What is Mediation?
Mediation is a dispute resolution process where a neutral and impartial third party (the Mediator) helps the parties communicate with each other and discover a mutually agreeable outcome between the parties. In estate mediation, it is particularly common to participate in mediation before going to trial.
Importantly, Mediation is a confidential, voluntary process that is conducted on a ‘without prejudice‘ basis; this means that what is said in the mediation cannot later be used against you in court if the matter does not settle. It is often described as a guided negotiation. Mediation provides the opportunity for the parties to have a great deal more control over the way in which they reach agreement and the outcome.
Our approach to Mediation
Michele is known for her calm, kind, articulate and empathetic communication style and is highly regarded by her peers in the succession law world.
In response to the ever-evolving nature of dispute resolution, Michele is available to run estate mediations either online (via Zoom) or face-to-face in Brisbane, Logan, Scenic Rim, Ipswich or Gold Coast locations.
Michele is available to mediate estate matters adopting a facilitative or a settlement mediation method and welcomes parties (and their legal representatives) to engage in mediation with or without counsel early in the dispute or prior to setting down for trial.
A facilitative method of mediation adopts a wholly facilitative and procedural approach by the Meditator. The Mediator focuses on facilitating the parties discussion, with the Mediator’s procedural guidance, and allows the Mediator to focus on their position and interests and helps the parties to find their own resolution. A settlement method of mediation requires the Mediator to encourage a resolution between the parties by encouraging compromise between them and providing the parties with appropriate recommendations.
Whether a facilitative or settlement method is adopted for a mediation, Michele’s process of mediation includes the following stages:
- Pre-Mediation Intake Sessions with each participant to the mediation (up to 90 mins). The purpose of this intake session is to introduce the process of mediation to the party and gather general information from the party to ensure that the matter is appropriate for mediation.
- Review of Brief. Lawyers for the parties facilitates the delivery of a brief of parties’ materials for Michele to review prior to the mediation taking place. This information is required no later than 2 weeks prior to the mediation date.
- Mediation Day
- Opening Statement (joint session)
- Parties Opening Statements (joint session)
- Private sessions
- Issuing of Form 35 Mediator’s Certificate, where required.
Michele’s fees and packages
Celebrating the introduction of our mediation services, Michele is providing **introductory pricing**
For fee certainty, Michele offers packaged mediation services. Michele appreciates that each matter is different, so if you require something more bespoke for your needs, please contact Michele to discuss your needs further.
Michele’s communication style has always been so eloquent, concise and clear. Michele has an innate ability to communicate her message very effectively, with ease and humanity. Having worked with Michele in practice, I have always found her very adaptable to any style of communication and for whatever purpose or audience. I highly recommend Michele; she is an asset to the profession and the community as a whole.
Nikki Gough, Principal Lawyer & Director, Gough Law Pty Ltd