Mediation Locations
Australia - NSW
MA languages
English
MA Current position and background
Mr Sewell is a Barrister of the Supreme Courts of NSW, ACT & Queensland; Barrister of the High Court of Australia.

He also is an Accredited Mediator. He has been appointed to (and remains on) the panel of Mediators for (i) the Supreme Court of NSW, (ii) the District Court of NSW and (iii) the NSW Bar Association.

In 1979 Mr Sewell was conferred the degrees of Bachelor of Commerce - BComm (with merit) - and Bachelor of Laws (LLB) from the University of NSW. Prior to being a Barrister, he practised for 10 years as a Solicitor of the Supreme Court of NSW and the High Court of Australia.

Mr Sewell was admitted (& subsequently has practised) as a Barrister since late 1989. In addition to appearing as Counsel in court proceedings, he has appeared as a Mediation Advocate since 1992/1993. It is in that capacity that he has acted as an Advocate for parties to disputes that would have been litigated to a final hearing if they had not been successfully mediated.

In addition to his role as a Mediation Advocate, Mr Sewell also is a duly accredited mediator. He has completed the Mediation Training and Accreditation Course & Assessment at the Australian Commercial Disputes Centre ("ACDC"). He also holds a Certificate from ACDC in respect of "Mediating Workplace Disputes".

Mr Sewell has been appointed to (and remains on) the NSW Bar Association's Panel of Mediators as well as the Panel of Mediators for the Supreme Court of NSW (2014 & 2015) and the Panel of Mediators for the District Court of NSW (2013 & 2014).

He also has appeared in what must be approaching (or possibly even exceeding) 1,000 or so arbitrations. Mr Sewell also is a duly accredited and approved Arbitrator by the NSW Bar Association. He is on the Panel of Arbitrators that are approved by the NSW Bar Association.
MA main mediation advocacy practice areas
Mr Sewell's main areas of practice as a Mediation Advocate are in the field of insurance law, personal injuries and commercial disputes. However, he also will appear in workplace disputes, family provision disputes, construction, equity and industrial disputes. Mr Sewell is on the List of Mediators for the Supreme Court of NSW in respect of each of those practice areas.
MA Mediation advocacy experience
In addition to appearing as Counsel in court proceedings, Mr Sewell has been appearing as a Mediation Advocate for in excess of 20 years. It is in that capacity that he has acted as the advocate for parties to disputes that would have been litigated to a final hearing if they had not been successfully mediated.

Mr Sewell has appeared as a mediation advocate for plaintiffs and defendants; debtors & creditors, applicants and respondents, and even third parties to a dispute, who have been required to be involved in a particular mediation in order to obtain resolution of that dispute. In addition to appearing as a mediation advocate, Mr Sewell has had substantial experience in advising on the mediation process, evaluating the merits, prospects and potential outcomes of claims, discussing procedure, negotiations and the like with the "mediation team" and client(s), attending pre-mediation conferences, preparing (as each mediator may direct) a "Positions/Issue' Statement", Schedule of Damages, Outline of the Claim and areas of "conflict"/issues etc.

Mr Sewell has achieved an extremely high resolution rate of cases as a Mediator Advocate. As such, he also has had substantial experience in undertaking the drawing of all necessary documents required to bindingly record the settlement. In doing so Mr Sewell also has gained extensive experience in advising clients on the need to ensure implementation, compliance and enforcement of agreements reached at the conclusion of the mediation process.
MA Description of mediation advocacy style
Mr Sewell's mediation advocacy style is multi-faceted. From a client's point of view, Mr Sewell provides an advisory and evaluative role whilst emphasising the facilitative approach that will be adopted by the mediator in open sessions.

Of course, all mediations are different and one's skill as a mediation advocate is to be flexible and to adapt (and, as necessary, vary) one's style both between different mediations and even as circumstances may change within any particular mediation. After all, mediation is a dynamic process. Notwithstanding a need for diversity and multiple strategies, Mr Sewell undertakes his role as a mediator advocate with integrity and in a professional manner beholding to that position.
MA Code of professional conduct
Rules of the NSW Bar Association of NSW:
http://www.nswbar.asn.au/docs/webdocs/rules2.pdf

Legal Profession Act
http://www.legislation.nsw.gov.au/scanview/inforce/s/1/?TITLE=%22Legal%20Profession%20Act%202004%20No%20112%22&nohits=y

Legal Profession Regulations:
http://www.legislation.nsw.gov.au/scanview/inforce/s/1/?SRTITLE=%22Legal%20Profession%20Regulation%202005%22&nohits=y

Also see NADRAC Standard re mediation (NB: These are standard imposed on mediators , but they also reflect the conduct that is to be regarded as being either acceptable or unacceptable on the part of Mediation Advocates (&/or parties) during the course of a Mediation):
http://www.nadrac.gov.au/what_is_adr/NationalMediatorAccreditationSystem/Documents/ApprovalStandardsCurrent.pdf
http://www.msb.org.au/sites/default/files/documents/Practice%20Standards.pdf

See also Mediator Standards Board, which particularly pertains to (inter alia) Registered Mediator Accreditation Bodies:
http://www.msb.org.au/msb-membership-0

IMI Code of Professional Conduct
MA Complaint process
Legal Services Commission of NSW
http://www.olsc.nsw.gov.au/olsc/olsc_education/lsc_lawregulate/lsc_complaints_discipline_regulation.html?s=1001

NSW Bar Association - Professional Conduct:
http://www.nswbar.asn.au/for-members/professional-conduct

IMI Professional Conduct Assessment Process
MA Professional indemnity insurance
As part of Compulsory NSW Bar Association Professional Indemnity Insurance - in respect of which Mr Sewell has cover for AUD$5 million per claim.
MA Feedback digest
Reviewer: ( )
Latest Update: 2 Jun 2014

MEDIATOR or MEDIATION ADVOCATE/ADVISOR: Mr Jeffery Sewell REVIEWER: Ms Lynne Richards LynneRichards@disputescentre.com.au Last Update: Monday 2nd June 2014 This Feedback Digest is based on 13 feedback in 13 mediations, initially submitted on Monday 2nd June 2014. Without exception, clients confirmed that they would use Jeffery Sewell's services a Mediation Advocate again and would highly recommend him to others. In all cases, Mr Sewell was appointed either through a recommendation from a colleague, law firm or other professional or was selected based on clients' past experiences, "due to the quality of his mediation and dispute resolution skills". All clients reported that they were satisfied with the price-quality ratio for Mr Sewell's mediation advocacy services, noting that the costs were "fair and reasonable", "flexible" and represented "good value for money". All clients confirmed that the majority of their issues were resolved as a result of mediation and indicated that, in addition to resolution, participating in the process with Mr Sewell as the Mediation Advocate brought additional benefits, including cost effectiveness, win/win outcomes, facilitated discussion between the parties and opportunities to narrow the issues and to gauge expectations. Clients were able to draw on their prior experience of mediation in providing their feedback, with all but one having participated in the process before. Mr Sewell also received strong endorsements as a Mediator Advocate from three highly experienced mediators with considerable national and international mediation experience. Clients described Jeffery Sewell as well-prepared, attentive to details, experienced, highly-skilled and a natural communicator. His familiarity with the cases, relevant legislation and case law were frequently noted as making a positive difference during negotiations as was his ability to understand and deal with highly complex issues. Clients made specific reference to Jeffery Sewell's expertise, particularly in relation to personal injury matters, and noted that his assistance, experience and expertise had made a decisive difference in the achievement of successful outcomes. Instructing solicitors and their clients made positive mention of Jeffery Sewell's personal attributes, noting that they found him to be friendly, empathetic, understanding of clients' positions but also reasonable and realistic in terms of his advice. He is described as being able "to relate to all people" with an "exceptional" talent for managing client expectations. Clients commented that Mr Sewell's strong interpersonal and communication skills, together with his legal expertise, make him a persuasive negotiator, able to highlight the strengths and weaknesses in cases, negotiate higher settlement amounts and to achieve excellent, timely results. Jeffery Sewell's abilities to engender trust and to engage all participants in the mediation process were noted as rare qualities and were highly regarded as important enablers in maintaining positive progress and productive negotiations. Mr Sewell's honest, hardworking approach, tenacity and willingness to "go above and beyond" to secure the best possible outcomes for his clients were noted by instructing lawyers, who indicated that they felt "reassured and confident" with Jeffery Sewell as Mediation Advocate. It was noted that Mr Sewell is "a highly respected and trusted member of the legal community" and lawyers described a sense of "working well together" with Mr Sewell, rating him "high on the list of preferred advocates". There was no reportable negative feedback on Mr Sewell's performance as a Mediation Advocate.

MA Professional affiliations
NSW Bar Association
Barrister of the Supreme Court of NSW
Barrister of the High Court of Australia
Legal Practitioner of the Supreme Court of the Australian Capital Territory
Barrister of the Supreme Court of Queensland
Australian Commercial Disputes Centre
Member of the Bar Association of NSW
American Bar Association - International Associate Member
(including, Member of the Dispute Resolute Section )
Climate Change Project Team Member - Mediators Beyond Borders
Member of the Chartered Institute of Arbitrators
Member of International Chamber of Commerce
Member of Association for International Arbitration
IMI Certified Mediation Advocate with International Mediation Institute
Delegate to the United Nations Convention on Climate Change (COP 19) - Warsaw, November 2013
Delegate to Sustainable Innovation Forum - Warsaw, November 2013
MA Fee rate
AUD$4,000.00 per day (plus GST/VAT).
MA References
Mediators:

The Honourable Trevor Morling QC
http://www.disputeresolution.net.au/Morling_cv.htm

Jeremy Gormley SC:
http://www.denmanchambers.com.au/index.php/barristers/jeremy-gormly-sc/
http://www.denmanchambers.com.au/dev/wp-content/uploads/2011/09/Jeremy-Gormly-SC-Commonwealth-Attorney-General-Media-Release-.pdf

Paul Caporale
http://www.caporalemediations.com.au

Mary Walker
Mediator
http://www.ninewentworth.com.au/barristers/mary-walker/

Lynne Richards
(Training Manager at Australian International Disputes Centre):
http://www.linkedin.com/profile/view?id=49055903&authType=NAME_SEARCH&authToken=ptyf&locale=en_US&srchid=1171928701389420708974&srchindex=1&srchtotal=6&trk=vsrp_people_res_name&trkInfo=VSRPsearchId%3A1171928701389420708974%2CVSRPtargetId%3A49055903%2CVSRPcmpt%3Aprimary

Robert McLelland:
http://www.linkedin.com/pub/robert-mcclelland/55/a35/610


Mediation Team members:

Christopher Quilter (Solicitor, NSW, Australia):
http://www.bullson.com.au/BullSonSchmidt2046/Page/21315/ChrisQuilter.aspx

Karena Nicholls (Solicitor, NSW, Australia):
http://www.kells.com.au/our-people/karena-nicholls

Carolyn Demaine
http://www.demainesolicitors.com.au

Francoise Bloch

Michael Taylor
Leigh Virtue & Associates
Lawyers, Sydney

Andrew Kemp
Kemp & Co
http://www.kempandco.com.au

David McKenzie
Solicitor, Sydney

Delegate to United Nations Conference on Climate Change
- Project (joint) leader (Mediators Beyond Borders) - Mark Kirwin (lawyer & mediator, California, USA):
http://kirwinbeckerlaw.com/attorneys/mark-kirwin-lawyer/
MA Mediation advocacy education and training
NSW Bar Association CLE Courses of Mediation Advocacy commencing from 1992.
Australian Commercial Disputes Centre - tri-series workshop seminars (2013) including the role of the advocate in Mediations.
Quarterly workshops of the ADR Committee of the NSW Bar Association relating to the role of both mediators and the advocate in mediations.
See above.
MA Mediation advocacy teaching and mentoring
Pupil master for 2 "reader" barristers - including mediation advocacy.
Special guidance and tuition to my Chamber's current "Reader" on the role and practice of the Mediation Advocate.
MA Mediation advocacy publications
AUSTRALIAN INTERNATIONAL DISPUTES CENTRE - December 2013 e-Bulletin:
" Become a Mediator and See the World
(Maybe Even Save the Planet)":
http://www.disputescentre.com.au/Newsletters/december-2013-edition-5-volume-5/become-a-mediator-and-see-the-world

AUSTRALIAN INTERNATIONAL DISPUTES CENTRE - April 2014 e-Bulletin:
A brief "follow up" article regarding the substantive Article that was published in December 2013.
http://www.disputescentre.com.au/Newsletters/april-2014-edition-7-volume-1

Other non-mediation publications:
1979 – 1985: Author of headnotes/case notes for Butterworths’ Australian Family Law Reports and Australian Law Reports.
1979 – 1985: Author of commentary in Australian Current Law.
1980 – 1984: Editor (Joint) of Butterworths’ Australian Family Law Service (Archived in Australian National Library – Bib ID: 2761603; ISBN: 0409437611.) – including author of annotations to and commentary on the legislation.

 

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