Services - Claudine Kasselis
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Services

Avoid Litigation And Preserve The Relationship

Why Mediate?

  • There are significant savings in legal costs by avoiding the litigation route;
  • Mediation is usually achieved in one day and avoids the lengthy delays in the court process;
  • It allows the parties to influence the outcome as oppose to a decision being made by a judge;
  • The mediation process allows a more amicable resolution than court and preserves the relationship between the parties.
  • Even if mediation does not result in a settlement; at least some of the issues will be partly resolved providing greater clarity on “where to from here …..”

The Process what happens at mediation

#1

The mediator can provide face-to- face mediations, shuttle mediations (whereby the parties are in separate rooms), lawyer-assisted mediations or telephone mediations.

#2

Sometimes the mediator will offer a “joint session” at the commencement of the process where each party discusses their case so that parties are provided with a more realistic view of the dispute.

#3

After the joint session, Claudine often meets privately with both sides. This is where Claudine will explore a number of issues designed to educate the parties on such things like the most probable outcome if the dispute does not settle at mediation, consequential cost of litigation and the strengths and weaknesses of the case.

#4

As negotiations proceed, the mediator is there to test validity of the party’s positions. It is essential that negotiations continue until such time that the party’s best position is on the table. It is up to the mediator to use her skills and experience to keep the negotiations going until this point is reached.

#5

If an agreement is reached, the mediator can prepare a settlement document “ie. Heads of Agreement” for the parties to review and then sign that correctly reflects the agreement reached.

Top 5 things to look for in a great mediator

#1 Success Rate

It’s important to look for a mediator who has a track record of settling matters. Whilst not every case can settle at mediation, research indicates that over 73% will settle in the hands of a skilled mediator.
Claudine has a success rate of over 80% and has been known to settle the ‘unsettleable’*.

#3 Empathy

It is imperative that both parties feel comfortable with their chosen mediator. To gain parties’ trust and confidence, the rapport must be genuine and therefore a mediator must lead from an honest heart. Parties need to feel that they can trust a mediator to be fair and believe that the mediator can grapple with changing issues that arise during negotiations.

Claudine acts neutrally, focusing on parties to identify ways of reaching a settlement. Claudine has the ability to connect with people, gain their trust so when she asks them to consider something they are resistant to, they will do it.

#2 Subject Matter Expertise

Does the mediator have “subject matter “ expertise? It is important that the mediator has relevant experience before her career as a mediator in terms of: Law- it is important that the mediator has a strong knowledge of the area of law that is pertaining to the matter in dispute.
Business Knowledge - It may be the case that strong business acumen is imperative to negotiate an outcome between the parties.
Accounting expertise - the mediation may require that the mediator understands complex business structures and financial management in order assess and communicate financial information between the parties.

Claudine’s Qualifications: Claudine comes armed with legal knowledge as well commercial and accounting knowledge, which may be invaluable to the parties’ dispute. She is able to provide an unbiased and well-informed objective view of the dispute between the parties. Claudine is a Barrister, a Nationally Accredited Mediator and a Registered Family Dispute Practitioner under the Family Law Act. Prior to Claudine ‘s career as a Barrister, she was an accountant, holds a Bachelor of Business, MBA and PhD in Accounting. This gives Claudine exceptional business knowledge and subject matter expertise.

#4 Mediation Skills

A mediator must maintain neutrality throughout the process so that the parties feel supported and comfortable in the mediation. What skills must a mediator use in order to move the matter forward? Ideally both a facilitated and evaluative style may be used in the same mediation to keep negotiations moving forward. A facilitative mediator places a priority on each of the parties’ feelings about fair outcome and want s them to come to their own conclusion about how the matter should settle. An evaluative mediator provides hands-on guidance to the parties regarding the most appropriate settlement terms. The key is for the mediator to know when to use each style. An opinion expressed by the mediator too early in the process is less likely to be accepted and may hinder the negotiations. Likewise, an effort in facilitating an agreement without communicating to a party their unrealistic expectations has little chances of settling.“Ms Kasselis handled the conferences professionally and efficiently, with our clients not feeling under pressure at any stage of the process. Ms Kasselis was knowledgeable in the area of family law, and a patient listener. Her neutral stance was evident, and she inspired confidence and trust in our clients. We have faith in Ms Kasselis’ ability to effectively mediate family law matters, and do not hesitate to recommend her as a good mediator.” Yvonne Davey, DAVEY LAW

#5 Negotiation Skills

Two things must happen in every mediation:
First, the parties must realise and understand completely the alternative outcome if the dispute is not settled at mediation. This is something that the mediator must convey strongly to the parties.
Second, negotiations must continue until such time each party has put their “best offer on the table”. This is up to the mediator to ensure that this occurs. If these two things aren’t handled well by the mediator, the chances of settlement are very slim.
Claudine Kasselis is tenacious. She has skills to break impasse and keep negotiations going despite obstacles to settlement. Claudine will ask the tough questions and points out the biggest risks to both parties. Claudine will not put pressure on parties to agree but will facilitate process and at the same concentrates on helping people identify ways of securing a settlement.Claudine will “go the extra mile” to reach settlement every time.

Success Rate

  • It’s important to look for a mediator who has a track record of settling matters.
  • Whilst not every case can settle at mediation, research indicates that over 73% will settle in the hands of a skilled mediator.
  • Claudine has a success rate of over 80% and has been known to settle the ‘unsettle able’.

Subject Matter Expertise

  • Does the mediator have “subject matter “ expertise? It is important that the mediator has relevant experience before her career as a mediator in terms of:
    • Law- it is important that the mediator has a strong knowledge of the area of law that is pertaining to the matter in dispute.
    • Business Knowledge- It may be the case that strong business acumen is imperative to negotiate an outcome between the parties.
    • Accounting expertise- the mediation may require that the mediator understands complex business structures and financial management in order assess and communicate financial information between the parties.

 

Claudine’s Qualifications:

  • Claudine comes armed with legal knowledge as well commercial and accounting knowledge, which may be invaluable to the parties’ dispute. She is able to provide an unbiased and well-informed objective view of the dispute between the parties.
  • Claudine is a Barrister, a Nationally Accredited Mediator and a Registered Family Dispute Practitioner under the Family Law Act.
  • Prior to Claudine ‘s career as a Barrister, she was an accountant and hold a Bachelor of Business, MBA and PhD in Accounting.

Mediation Skills

  • A mediator must maintain neutrality throughout the process so that the parties feel supported and comfortable in the mediation.
  • What skills must a mediator use in order to move the matter forward? Ideally both a facilitated and evaluative style may be used in the same mediation to keep negotiations moving forward.
        • A facilitative mediator places a priority on each of the parties’ feelings about fair outcome and want s them to come to their own conclusion about how the matter should settle.
        • An evaluative mediator provides hands-on guidance to the parties regarding the most appropriate settlement terms.
  • The key is for the mediator to know when to use each style. An opinion expressed by the mediator too early in the process is less likely to be accepted and may hinder the negotiations. Likewise, an effort in facilitating an agreement without communicating to a party their unrealistic expectations has little chances of settling.

 

“Ms Kasselis handled the conferences professionally andefficiently, with our clients not feeling under pressure at any stageof the process.Ms Kasselis was knowledgeable in the area of family law, and  apatient  listener. Her neutral stance was evident, and she inspiredconfidence and trust in our clients.We have faith in Ms Kasselis ability to effectively mediate familylaw matters, and do not hesitate to recommend her as a good mediator.

Yvonne Davey

DAVEY LAW

Negotiation Skills

  • Two things must happen in every mediation:
  • First, the parties must realise and understand completely the alternative outcome if the dispute is not settled at mediation. This is something that the mediator must convey strongly to the parties.
  • Second, negotiations must continue until such time each party has put their “best offer on the table”. This is up to the mediator to ensure that this occurs.
  • If these two things aren’t handled well by the mediator, the chances of settlement are very slim.

 

Claudine Kasselis is tenacious. She has skills to break impasse and keep negotiations going despite obstacles to settlement. Claudine will ask the tough questions and points out the biggest risks to both parties. Claudine will not put pressure on parties to agree but will facilitate process and at the same concentrates on helping people identify ways of securing a settlement.

Claudine will “go the extra mile” to reach settlement every time.

Empathy

  • It is imperative that both parties feel comfortable with their chosen mediator.
  • To gain parties’ trust and confidence, the rapport must be genuine and therefore a mediator must lead from an honest heart.
  • Parties need to feel that they can trust a mediator to be fair and believe that the mediator can grapple with changing issues that arise during negotiations.

 

Claudine acts neutrally, focusing on parties to identify ways of reaching a settlement.  Claudine has the ability to connect with people, gain their trust so when she asks them to consider something they are resistant to, they will do it.

As an Accredited Mediator with extensive experience in Commercial and Accounting matters, Claudine Uses mediation to provide cost and time effective resolution for parties involved in disputes, whether it be in Family, Wills & Estates or in Commercial Law.

Family Law Mediations

  • Litigation in family disputes destroys family relationships and causes emotional and financial devastation.
  • Mediation gives families an opportunity to achieve stability quickly so they can get on with the rest of their life.
  • Claudine’s competitive advantage in property disputes lies in her extensive accounting and business expertise.
  • Claudine’s high level of empathy and integrity enables her to produce child-focused outcomes in parenting disputes.
  • Claudine is an experienced Family Dispute Resolution Practitioners and is authorised to issue a S60I certificate, which is required before an application for parenting orders can be made to the court.

Succession Law Mediations

  • Wills can often be a source of great conflict when they are poorly drafted or deemed unfair.
  • Families are faced with enough sorrow with the deatht of a loved one, and there is no doubt that the best way to preserve relationships at this time is to mediate estate issues and avoid expensive litigation.
  • Certain persons may apply to a Court for an order for provision (challenge a will) from the deceased’s estate. Family Provision Claims are all about the relationship between the applicant and the deceased and most importantly the financial need of the applicant.
  • Claudine will facilitate the mediation to ensure all parties involved get a just distribution of the deceased estate.

Commercial Law Mediations

  • Effective dispute resolution is imperative to facilitate a commercial outcome, especially for small business that cannot afford long protracted litigation.
  • Claudine brings experience across two disciplines, strategic management and accounting, which are the focus areas in commercial disputes.
  • Claudine has a bachelor of Accounting, an MBA and a Phd in Accounting. She has worked in the corporate world and understands the dynamic of business and will work closely with parties to arrive at a win-win solution.
With a greater than 80% success rate in mediations, Claudine gets results*.