Mediation

NATIONALLY ACCREDITED MEDIATOR
Roland is a nationally accredited mediator based in Melbourne. He prides himself in applying best practice in mediation to assist even the most high-conflict and entrenched parties to create value through the resolution of their dispute. Roland accepts engagements to mediate in a broad range of building and construction disputes, commercial disputes, contract disputes, court-ordered mediation, employment / workplace disputes, complex fencing disputes, franchise disputes, owners corporation disputes, personal disputes, property disputes, retirement village services disputes and the mediation of disputes arising in incorporated associations and clubs. In his separate role as an Australian Lawyer, Roland frequently represents parties in mediations and other dispute resolution proceedings.
Roland serves on the Magistrates' Court of Victoria's Single List of External Mediators. He is also listed with various dispute resolution service providers, such as Judicate and Rapid Response Dispute Resolution.

  • mediation example: commercial dispute

    Mediation of a commerial dispute concerning payment for and representations regarding significant television and radio advertising services to significant corporate customer of advertising agency. Court proceedings settled on the basis of financial terms and non-monetary advertising credit provision.

  • mediation example: Restraint of trade

    Mediation of claim by accounting practice against former partner of the practice, various alleged breaches of restraints of trade, signficant evidentiary issues and contention in respect of which versions of employment and partnership agreements applied; leading to polarisation of parties' positions on many issues in the litigation. Financial settlement and additional value created via agreed scope of collaboration on certain services to clients.

  • mediation example: Retirement village

    Initial mediation of dispute between collective of retirement village residents and facility/services provider in light of representations made and said to have improperly induced various residents to enter into contracts. Interim agreement as to independent audit of various aspects in dispute, refinement of contentions and interim services fee adjustments.

  • mediation example: workplace dispute

    Mediation of a workplace dispute between a team leader and employee in a Commonwealth government department. Dispute involved workplace changes, role changes and restructuring, with a foreshadowed Comcare claim. Mediation resulted in a clear plan to address and manage employee concerns while ensuring the employee's commitment to working within the bounds of her role in a restructured team, with team leader to ensure appropriate resourcing and support.

  • mediation example: Professional association

    Mediation of internal dispute within a professional association representing allied health workers. Internal dispute arose in respect of direction and approach to be taken in addressing various grievances on behalf of members and committee decisions. Dispute resolved with realignment of approach with the rules of the incorporated association and members' known best interests; ongoing collaborative relationship amongst internal stakeholders re-established; follow up session confirmed longevity of resolution.

  • mediation example: Student unions

    Duty mediator at multi-day conference of an 'umbrella association' of various student unions. Rolling mediations of contentious matters during conference, insisting in providing for a productive and collaborative approach to be re-established where political or ideological perspectives lead to conflicting entrenched positions on matters of common importance to the participating unions/associations.

  • mediation example: Personal/family

    Mediation between parents and young adult son regarding conduct, 'house rules', freedoms and expectations regarding education in the context of various incidents of conflict, safety concerns and potential criminal conduct associated with son's lifestyle choices and and recreational substance abuse. Facilitation of process allowing detailed and 'safe' examination of underlying family dynamics and intergenerational differences of perspective; agreement upon boundaries upon parents' and son's future conduct and commitment to accessing further external services to address underlying factors.

  • mediation Example: education

    Mediation between group of domestic and international postgraduate students and Associate Dean in a faculty of a major Melbourne based university. The dispute involved grievances regarding the quality of teaching due to the extensive use of sessional lecturers with which the students disagreed, in light of representations made in promotional materials for the course which the students claimed that teaching was to be conducted by specific academics tenured at the university. Clarity of involvement of academic staff and quality review plan for the course agreed between parties.

  • Mediation example: franchising

    Mediation of franchise dispute between regional franchisees and franchisor of major fast-food chain. Mediation concerned various representations made by franchisor, various terms of the franchise agreement, compliance with directions regarding the use of particular point of sale systems and processes and refurbishment obligations. Dispute resolved with orderly transfer of franchise and financial settlement.

  • Mediation example - partnership dispute

    Mediation of acrimonious business partnership dispute regarding two separate businesses operated by the partnership and jointly owned real-estate. Mediation resulted in division of business interests, adjustment of various financial interests and an agreed buy-out of the jointly owned real-estate.
Roland Müller
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