Negotiation and Litigation Strategy

Whether preparing for litigation or seeking early dispute resolution, negotiation remains central to your practice but is becoming increasingly complex due to enforceable ADR clauses and evolving expectations around good faith. Gain practical insights on structuring and navigating negotiations with a clear understanding of what courts and arbitrators expect - and where the risks lie.

Thursday, 30 October 2025
Description

Attend and earn 1 CPD unit in Professional Skills
This program is applicable to practitioners from all States & Territories 

Chair

Mary Rebehy, Barrister and Mediator, Lachlan Macquarie Chambers; Accredited mediator and family dispute resolution practitioner; Member of Administrative Appeals Tribunal panel of early dispute resolution practitioners

Professional Skills
1.15pm to 2.15pm Negotiation, Mediation, Neutral Evaluations & Other ADR Processes

 

  • How to approach negotiation and mediation in good faith before arbitration -  and what that means in practice
  • Understanding enforceable ADR obligations: What happens if pre-arbitration steps aren't completed?
  • Jurisdiction vs. admissibility: Who decides - courts or arbitrators?
  • Arbitrator powers: When can they rule on pre-conditions and can those rulings be challenged?
  • Missteps in mediation: What conduct may be seen as bad faith or misrepresentation?
  • Confidentiality in negotiation: What you can (and cannot) say - and how to protect your client
  • Managing client expectations: Helping parties understand process, risk, and realistic outcomes 

Presented by Christopher Freeman, Barrister, Culwulla Chambers; NMAS accredited mediator 

Presenters

Mary Rebehy, Barrister and Mediator, Lachlan Macquarie Chambers
Mary Rebehy is a Barrister in Sydney who practises in a range of jurisdictions including administrative law, family law, and workplace facilitation. Mary is an accredited mediator and family dispute resolution practitioner. She has been a member of the Legal Aid Commission dispute resolution panel since 2000 and regularly chairs the court ordered mediations at the Parramatta, Family Court. Mary was previously the Manager of Executive and Ministerial Services at Office of State Revenue, and Director of Legal Management Services for the Department of Justice and Attorney General where she coordinated the Legal Services Review with NSW Treasury. Mary was appointed as a conference registrar at the Administrative Appeals Tribunal from 2006 to 2009 and currently serves on the Tribunal panel of early dispute resolution practitioners.

Christopher Freeman, Barrister, Culwulla Chambers
Christopher Freeman has an equity and commercial dispute practice and has appeared in the Federal Court of Australia and the Equity Division of the Supreme Court of New South Wales for over 25 years. He has also appeared as an advocate in numerous international arbitrations at SIAC and HKIAC. He has given expert evidence on Australian contract law in Courts in Singapore, Thailand and Japan. He is an NMAS accredited mediator.




This seminar is part of a series

Litigators Toolkit: From Mediation through Settling Litigation, Urgent Applications

Designed specifically with your busy schedule in mind, the Litigators Toolkit Over Lunch series brings together some of Australia’s biggest voices in litigation to provide practical, focused guidance on today’s most pressing issues. Across four targeted one-hour sessions, gain expert insights on negotiation, mediation, arbitration, evidence, urgent applications, and settlement strategy - all tailored to fit your schedule without demanding too much time.

Description

Attend and earn 4 CPD units in Professional Skills
This program is applicable to practitioners from all States & Territories

 

If you register for the full series as a live online product after the date of an individual session, you will be sent the recording for the sessions that have passed. Alternatively, you can register for individual sessions by following the links below. 

 

View series listing

WEB2510N09A

Negotiation and Litigation Strategy

CHOOSE YOUR SESSION AND
DELIVERY MODE BELOW

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Designed specifically with your busy schedule in mind, the Litigators Toolkit Over Lunch series brings together some of Australia’s biggest voices in litigation to provide practical, focused guidance on today’s most pressing issues. Across four targeted one-hour sessions, gain expert insights on negotiation, mediation, arbitration, evidence, urgent applications, and settlement strategy - all tailored to fit your schedule without demanding too much time.

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Single Session
Thursday, 30 October 2025
1.15pm to 2.15pm Australia/Sydney
CPD Points 1
$160.00
Online 20250826 20251030

Online

Register
On Demand 20250826 20251030

Post Seminar Recording

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Designed specifically with your busy schedule in mind, the Litigators Toolkit Over Lunch series brings together some of Australia’s biggest voices in litigation to provide practical, focused guidance on today’s most pressing issues. Across four targeted one-hour sessions, gain expert insights on negotiation, mediation, arbitration, evidence, urgent applications, and settlement strategy - all tailored to fit your schedule without demanding too much time.

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[{date=, seminar_description_for_website=

Designed specifically with your busy schedule in mind, the Litigators Toolkit Over Lunch series brings together some of Australia’s biggest voices in litigation to provide practical, focused guidance on today’s most pressing issues. Across four targeted one-hour sessions, gain expert insights on negotiation, mediation, arbitration, evidence, urgent applications, and settlement strategy - all tailored to fit your schedule without demanding too much time.

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