Commercial & Civil Dispute Resolution

Rebecca Carroll-Bell, experienced lawyer, qualified mediator

Rebecca’s professional experience spans personal injury and workers’ compensation, to tax disputes, commercial litigation, insolvency and debt. She now practices exclusively in civil dispute resolution, mediation, and conflict management.

Prior to launching RCB Mediation Services, Rebecca practiced as a litigation lawyer for 10 years including as: Corporate Lawyer, State Trustees; Senior Solicitor, State Revenue Office Legal Services Branch; Australian Taxation Office Legal Service Branch – Debt Litigation; and Associate, MCW Lawyers.

Rebecca holds a Bachelor of Laws (Honours) and a Bachelor of Science (Psychology) from two-time University of the Year, University of Wollongong.

Read Rebecca’s full employment and education history on the About page.

Call today for an obligation free assessment of your civil dispute matter 0411770125

Over 74% of matters reach settlement once a mediator has been engaged. Matters lodged with the ICC ADR Program are resolved generally within 4 months of the date the mediator receives the file, and on average, the cost of mediation is less than 1% of the amount in dispute.

FAQ (Fears and Questions)

  1. Mediation is only for “small disputes”

Amicable dispute resolution works for large, small, complex, and simple disputes.   The ICC’s mediation program manages disputes ranging from below US$ 20 000 to well above US$ 500 million.

  1. Mediation means less income for lawyers

There is a false perception that resolving matters through mediation means lower fees for lawyers when compared to arbitration or court trials. In fact when lawyers make good use of ADR processes, referral rates go up and clients keep coming back. Why? Because clients like mediation (link to earlier article).

  1. There is no place in mediation for lawyers

Mediation offers the flexibility for parties to be represented by as many (or as few) lawyers as are necessary. Ideally the lawyers will support the parties to tell their story in their own words, and to interact with the other parties to the dispute; however, legal advice is essential to forging settlements that are workable, durable, and satisfying.

  1. Arbitration is the only ADR process available

ADR (short for appropriate dispute resolution) processes are as diverse as parties and dispute.

The three most popular processes are Arbitration, Conciliation and Mediation (learn about the differences here); however, with an open, creative outlook, they can be combined and applied in whichever ways suit the parties.

Some parties prefer to set aside one whole day for mediation; others prefer a series of half days or shorter meetings. Some parties decide to mediate first and then, if no settlement is reached, have the facilitator make a binding decision (mediation-arbitration). Some disputes require a determination by an expert on a specific issue – such as the value of property – after which mediation can occur (conciliation-arbitration).

ADR is voluntary and amicable; it need not be constrictive or limiting.

  1. There is no mediation clause in the commercial agreement in dispute

Just because the agreement does not specifically state the parties may or will attend mediation does not mean they are forbidden from doing so.

So long as all parties consent, the dispute can be resolved using any of the processes discussed above.

After 10 years as a litigation lawyer working for corporate and government clients, I grew tired of the wasted time, money and energy being poured into fruitless negotiation and costly litigation.

Mediation is my answer to these common commercial & civil litigation concerns:

  • Wait times for trial dates are too long
  • Clients cannot make decisions or delay in providing instructions
  • Legal costs quickly mount during trial preparation, causing tension between client and counsel
  • Judgments can take weeks or months to be handed down
  • There is no guarantee of success (despite what we may tell our clients)
  • Judges don’t always get it right
  • Even if they do get is right, judgments rarely provide the flexibility required to arrange the client’s affairs to best manage tax, cash flow and other liabilities.

RCB Mediation Services delivers:

  • Faster results
  • Lower costs
  • Flexible, practical solutions and
  • Happier clients