Articles

Mediation is different from other resolution processes, such as arbitration or litigation. Mediation involves the parties conducting confidential negotiations, with the assistance of a mediator, in an attempt to reach an agreed settlement of the dispute. The mediator does not make a decision about your case or dispute. Instead, the mediator's role is to facilitate the negotiations.

Negotiating a commercial lease involves more than reaching an agreement on the rent. A Lease is a long term commitment between the Landlord and the Tenant. A well-negotiated and well-drawn Lease helps to build a good relationship between the parties from the beginning, reduces the likelihood of disputes down the track, and can add value to a business. Read here for more.

A trust is worthwhile for holding and managing your assets. What it depends on are your finances, income, job risk, family situation and future plans. We explore some of the advantages of a trust, which might assist to answer the question of whether a trust is a good idea for you.

Melbourne real estate agents have recently been penalised for false and misleading representations in residential property sales. Agents have underquoted prospective buyers about the expected selling price of properties. Changes to the Estate Agents Act 1980 (Vic) have introduced new obligations for agents to prevent underquoting. Furthermore, an underquoting taskforce has recently been established by Consumer Affairs Victoria to investigate instances of underquoting. It is important for agents to be aware of their legal obligations to avoid underquoting and the consequences of breaching the Act.

Schools should be aware of the kinds of teacher conduct which may be considered to be bullying or harassment, the circumstances in which schools may be held liable and ways to manage the legal risks involved. Our Workplace Relations team explains.

A Mediator facilitates the disputing parties to reach an agreement. To do this effectively, the Mediator needs to understand the position of both parties. Each party will enter a Mediation Agreement with the Mediator in which the Mediator promises to keep each party's information confidential. We list some things to keep in mind.

Buying a business can be a risky investment. Care must be taken when determining how you will purchase the business (e.g. sole trader, partnership, trust or company). Factors to consider include your own personal liability, asset protection and the costs involved.

Today's employees are more skilled and mobile than at any other time. This increase in skills and mobility has been accompanied by a significant increase in the prevalence and complexity of Restraint of Trade clauses. Our Employment Law team explains.

When a Will maker passes away, the executor makes an application to the Court to confirm the validity of the Will. If a DIY Will is not drafted or executed in the manner required by the law, proving the Will's legitimacy before a court may be costly and time-consuming.

A social impact bond or social benefit bond is a form of finance intended to raise capital for programs addressing areas of pressing social need in the community. It can be a particularly attractive option for organisations that do not have sufficient capital to fund a given social benefit project.

It is an unthinkable scenario but it is important to understand and be prepared for what happens if the Executor of a Will dies or is incapacitated. We outline key things to consider that can assist to avoid this situation. Read here for more.

Are you thinking about terminating someone's employment? Do you know how much notice, or warning, you must provide them or how much you must pay them? We outline some key considerations, including notice period and final pay. Read here for more information.