​Introduction

​​​

The pressure and stress and conflict can be significant often obscuring the requirements to explain legal terms and conditions of engagement.

​​​

Free Fifteen Minute Consultation.

 

The free fifteen minute consultation is part of our duty of care to our clients. We explain how we manage conflict and ask you to focus on small 'boxes' of information to enable us to effectively negotiate through the early phases of the resolution process.

​​​​

One of those boxes is called, Terms of Engagement (Terms). and outlines the scope and limitations of the services we provide.

​​​​

We will explain our Terms by phone or online face-to-face conversation at no cost to you. You will be required to acknowledge and accept these Terms by way of signed Agreement.  You will be required to sign    

​​​​

Services

​​​

We are international, mediators, resolution negotiators, arbitrators, contract negotiators  and plenary session speakers..

 

Being resolution specialist allows us to provide significant costs savings to you while providing professional resolution services. However, if required, we may delegate that part, or all of your instructions to other professionals in order to comply with codes of practice or regulatory compliance.

​

Our senior staff may be licensed and authorized to give advice relating to their specialist qualifications. Although specialist may hold a range of qualifications, we are not licensed lawyers. accountants or financial advisors. ​​​​

​​​

Communications

​​​

You must provide us with your contact details, including email address, postal address and telephone numbers. The information you provide is not shared with any other party unless required to do so at law.

​​​

We will periodically report on the progress of any engagement and will inform you of any unexpected delays, significant changes or complications in the work being undertaken. You may request a progress report at any time.

​​​

You agree that we may provide you from time to time with other information that may be relevant to you, such as newsletters and information bulletins.  At any time, you may request that this not be sent to you.

​​

Unless otherwise agreed, we may communicate with you and others electronically. We cannot guarantee that these communications will not be lost or affected for some reason beyond our reasonable control, and we will not be liable for any damage or loss caused thereby.

​​

Fees and Costs

​

The engagement letter specifies fees charged based on the information you provided and our assessment to satisfy desired outcomes. Work that falls outside that scope will be charged at a hourly rate. We will advise you if we are required to provide additional services and the estimated further costs.

​​​

Where our fees are calculated hourly, the hourly rates of the people we expect to undertake the work are set out in our engagement letter.  Invoices will state our staff's different professional levels of experience and specialization. 

​​

Hourly fees may be adjusted (upwards or downwards) to ensure they are fair and reasonable, considering matters such as the complexity, urgency, value, and importance of the Services. 

​​

Disbursements and Third-Party Expenses: 

​​

You authorize us to incur disbursements which are reasonably necessary to provide the Services. Examples of these may include search fees, court filing fees, registration fees, travel  expenses, accommodation or courier charges.

​​

Where required you also authorize us to make payments to experts such as lawyers, accountants or financial advisors where reasonably required to undertake the services.

​

Goods and Services Tax (GST) is payable on all fees and charges.

​​

We will send interim invoices to you every two weeks, and on completion of the matter, or termination of our engagement,  invoices are payable within 14 days of the date of the invoice unless alternative arrangements have been made with us. 

​

Advance Payments

​

In most instances, we ask you to prepay amounts to be held in trust, or to provide security for our fees and expenses from which you authorize us to deduct our fees and costs on your behalf after we provide you with an invoice. We may do this on reasonable notice at any time.

​​

We hold a Trust Account. We will withdraw payment of accounts  24 hours after issuing you with an invoice for work done.

​​

If you have difficulty in paying any of our accounts, contact us promptly so that we may discuss payment arrangements.

​​

If your account is overdue, we may stop work on any matters in respect of which we are providing services to you and require an additional payment of fees in advance or other security before recommencing work. We may also recover from you, in full any costs we incurred, including our own fees and the fees of any collection agency.

 

Third Parties

​

Although you may expect to be reimbursed by a third party for our fees and expenses (or part thereof) and although our invoices may, at your request be directed to a third party, you remain responsible for payment to us in accordance with these Terms if the third party fails to pay us.

​

Confidentiality and Personal Information

​

We will hold in confidence all information concerning you or your affairs. We will not disclose any of this information to any other person except:

• to the extent necessary or desirable to enable us to carry out your instructions,

• as expressly or agreed by you,

• as necessary to protect our interests in respect of any complaint or dispute,,

• to the extent required or permitted by law.

 

The provision of personal information is voluntary. However, if you choose not to provide the required information this may impact on our ability to provide you services.  If you are an individual, you have the right to request access to, and to correct this information at any time if there is error.

​

Documents, Records and Information

​

We will keep a record of all necessary documents that we receive or create on your behalf on the following basis:

• we may keep electronic record and destroy originals.

• we may dispose of documents which are duplicates, or which do not contain substantive information or documents which belong to us.

• we are not obliged to retain documents or copies where you have requested that we provide them to you or to another person, and we have done so.

• we will provide to you on request copies or originals (at our option) of all documents to which you are entitled under the relative Privacy Act(s) or any other law. We may charge you our reasonable costs for doing this.

• Unless you instruct us in writing, you authorize and consent to us (without further reference to you) to destroy (or delete in the case of electronic records) all files and documents in respect of the services five (5) years after our engagement ends.

• We own the copyright in all documents or work we create while performing the Services but grant you a non-exclusive license to use and copy the documents as you see fit for your personal use. However, you may not permit any third party to copy, adapt or use the documents without our written permission.

​

Compliance

 

We are obliged to comply with all laws applicable to us in all jurisdictions.

 

We may be required to undertake due diligence on you, persons acting on your behalf, and on any other relevant person(s). We may not be able to begin acting, or to continue acting, for you until that is completed.

​​

Please ensure that you and/or any of the persons described previously are aware of and consent to this. If the information required is not provided, or considered by us to be potentially inaccurate, misleading, or in contravention of any law, we may without notice, refuse to enter an agreement or terminate any existing agreement with you.

​

Conflicts of Interest

​

We are obliged to protect and promote your interests to the exclusion of the interests of third parties and ourselves as set out in the International Arbitration Act 1974, Commercial Arbitration Act 2010 (Aust), Arbitration Act 1996 (NZ) and  Conduct and Client Care Rules with associated Mediation Institutes.

​​

This may result in a situation where we have a conflict of interest.

We have procedures in place to identify and respond to conflicts of interest or potential conflicts of interest.  If a conflict of interest arises, we will advise you of this and follow the requirements and procedures set out in the Rules. This may mean we cannot act for you further in a particular matter, and we may terminate our engagement.

​

Duty of Care.Mediation and Arbitration Impartiality and Neutrality

​​

Our duty of care in mediation, conciliation and arbitration remains impartial and neutral, providing equal support and attention to all parties involved.  We exercise care not to show favour to any party or have conflicts of interest that might affect our neutrality.

​​

We have to ensure that all parties understand the mediation process, including its purpose, procedures, and potential outcomes. All matters material to a resolution outcome are disclosed to all parties involved unless the mediator or arbitrator has reasonable cause to believe such information presents risk or liability to such parties.  Such information shall be recorded and shall be retained within our file(s) as Private and Confidential.

​

Limitations of Obligation and Liability

​​

We do not accept any responsibility or liability to any other person, including, any directors, shareholders, associated companies, employees or family members, who may be affected by our performance of the Services or who may rely on any advice we give, unless we expressly agree to do so in writing.

​

We are not liable for errors in, or omissions from, any information provided by third parties.

​

Any advice and recommendation(s) are opinion(s) only, based on the facts known to us and on our professional judgement, and may be subject to changes in the law, environment and beyond our control after the date on which it is given.

​

Our advice relates only to each particular matter with respect to which you engage us. Once that matter is at an end, we will not owe you any duty or liability in respect of any related or other matters unless you specifically engage us in respect of those related or other matters.

​

To the extent allowed by law, our aggregate liability to you (whether in contract, tort, equity or otherwise) in connection with our Services is limited to the amount available to be payable under the Professional Indemnity Insurance held by our firm.

​

Termination

​

You may terminate our retainer at any time.

​

We may terminate our Agreement to Act and/or Terms of Engagement in any circumstances set out in the Terms and Conditions, including a conflict of interest, non-payment of fees, and failure to provide instructions.

​​

If our retainer is terminated, you must pay us all fees, disbursements and expenses incurred up to the termination date

​​

Feedback and Complaints

​

Client satisfaction is one of our primary objectives, and feedback from clients is helpful to us.  

 

If you would like to comment on any aspect of the service we provided, including how we can improve our service or if you have any concerns or complaints about our services, please contact us as soon as possible.

​

We will inquire into your complaint and endeavour in good faith to resolve the matter with you in a way that is fair to all concerned.

​

​