Anthony Lo Surdo

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Australia, Switzerland
English
Mediation Profile

Barrister (Senior Counsel) in practice at the Independent Bar, Mediator and Arbitrator.

Head of Chambers, 12 Wentworth Selborne Chambers.

Arbitrator and Mediator, Court of Arbitration for Sport.

I am a predominantly commercial silk but also specialising in all forms of alternative dispute resolution including mediation and arbitration. I have been named in Doyle's Guide to the Australian Legal Profession in 2011, 2015, 2016 and 2017 as one of Australia's leading insolvency and reconstruction Silks. I have also been named by that publication in 2018 as a leading mediator. 

My practice is based in Sydney but I travel internationally, interstate and to regional areas as required.

I am accredited as an advanced mediator by Resolution Institute. I am also accredited under the Australian National Mediator Accreditation System Standards (NMAS).

In recognition of my specialist knowledge of mediation and sports law, in 2016, I was appointed as a mediator of the Court of Arbitration for Sport (CAS). The CAS, created in 1984, is an institution independent of any sports organisation which provides services to facilitate the settlement of sports-related disputes through arbitration or mediation by means of procedural rules adapted to the specific needs of the sports world. It has approximately 350 arbitrators from 87 countries. The CAS head office is in Lausanne, Switzerland with regional offices in Sydney and New York.

I have been a member of the NSW Supreme Court and District Courts' Mediator Panels for several years. I am also a member of the mediation panel of the Australian Centre for International Commercial Arbitration (ACICA).

I have acted as mediator in a vast array of matters since I was first accredited as a mediator in 1993. I use my experience as both Senior Counsel and as a mediator to quickly identify the issues and to gain an understanding of the position of each party so as to assist in facilitating a fair, efficient resolution and enduring to a dispute.

In preparation for a mediation I will read thoroughly all documents that are provided to me to determine the real issues in dispute and the manner in which a settlement may best be achieved or structured having regard to the competing commercial, personal, reputational, emotional and other interests. It is my strong preference for the parties to attend a preliminary conference at which an assessment can be made regarding the parameters of the dispute, delineating the issues that will be addressed at the mediation and discussing the best manner of preparing for mediation. If a preliminary conference is not held then I will usually propose extensive written directions which address the preparation of the matter for mediation including the collation of an agreed mediation bundle of documents and the exchange of a mediation summary of parties interests which outlines succinctly the facts, interests and issues for which each party contends. I strongly urge the parties in preparing for a mediation to give careful consideration to the best and worst alternatives to a negotiated outcome. I adapt my style of mediation to meet the complexities or otherwise of the issues and the needs and expectations of the parties. My preferred style is facilitative although many of the matters in which I am engaged require an evaluative element. I take a practical and pragmatic approach to the process. I have a calm, respectful and empathetic disposition whilst also rigorously testing lawyers and clients in private session to arrive at a realistic appraisal of prospects and a range of settlement parameters. Further information concerning my mediation style and approach to mediation can be found at my ADR website http://www.silkmediator.com.au.

* Complex multi-party commercial, insurance, building and construction, property and shareholder disputes * Banking * Contract * Partnership * Corporations * Joint Ventures * Professional Indemnity * Succession * Planning * Shareholder disputes

All enquiries regarding availability should be directed to me ([email protected]; 612 9223 3181) to my clerk, Bob Rymer ([email protected]; 612 9232 4016) or to my assistant clerk, Kate Gooch ([email protected]; 612 8029 6305).

Mediations can be arranged for a day (8 hours or part), half a day (4 hours or part) or for such other period commencing at times that suit the parties.

Being conscious of the principles of proportionality, fees may be set in consultation with the parties having regard to the complexity of the issues.

* Member, NSW Bar Association
* Member, Victoria Bar Association
* Member, Queensland Bar Association
* Court of Arbitration for Sport, Arbitrator and Mediator
* Member of the Chartered Institute of Arbitrators (MCIArb)
* Member, International Chamber of Commerce, Commission on Arbitration and ADR
* Fellow, Resolution Institute
* Fellow, Australian Centre for International Commercial Arbitration (ACICA)
* ACICA Arbitration Panel
* ACICA Mediation Panel
* Resolution Institute, Advanced Mediation Panel
* Supreme Court of New South Wales Mediation Panel
* District Court of New South Wales Mediation Panel
* District Court of New South Wales Arbitration Panel

Available upon request

Training and Education

Resolution Institute (formerly LEADR), 1993

Resolution Institute (formerly LEADR), Advanced Mediator Accreditation, 2015

Court of Arbitration for Sport, 2016

* "Avoiding wasted opportunities: Effective Mediation Strategies" - 2018

* "Professional and Ethical Responsibilities in Mediation" - 2018

* “Alternative Dispute Resolution – Refining Skills for Early Resolution”

- TEN, 12 February 2017, 22 March 2017 & 31 March
- NSW Bar Association, 13 March 2017

* “Mediating to Succeed”, Far North Coast Law Society Annual Conference, 20 February 2016

* “Alternate Dispute Resolution in Sports” , NSW Bar Association, 31 March 2015

* “Best Practice in International Commercial Mediation: Drafting an effective mediation clause: The new ICC model clauses for mediation”, ICC Mediation Rules Launch Conference – Singapore, 17 March 2014

* “Mediation: Aspects of Practice”
A paper presented in-house to two major Australian banks, August and November 2012

* "Professional and Ethical Responsibilities in Mediation - Newcastle Law Society, 12 June 2018 * "Avoiding wasted opportunities: Effective Mediation Strategies, Resolution Institute, Newcastle, 10 August 2018 * “Alternative Dispute Resolution – Refining Skills for Early Resolution” - TEN, 12 February 2017, 22 March 2017 & 31 March - NSW Bar Association, 13 March 2017 * “Mediating to Succeed”, Far North Coast Law Society Annual Conference, 20 February 2016 * “Alternate Dispute Resolution in Sports” , NSW Bar Association, 31 March 2015 * “Best Practice in International Commercial Mediation: Drafting an effective mediation clause: The new ICC model clauses for mediation”, ICC Mediation Rules Launch Conference – Singapore, 17 March 2014 * “Mediation: Aspects of Practice” A paper presented in-house to two major Australian banks, August and November 2012

Publications
Compliance

* IMI Code of Professional Conduct

* Legal Profession Uniform Law 2015 (NSW) and the Legal Profession Uniform Conduct (Barristers) Rules 2015

* Law Council of Australia's, "Ethical Guidelines for Mediators"

* Resolution Institute

* National Mediator Accreditation Standards

* IMI Professional Conduct Assessment Process

* New South Wales Bar Association

* Resolution Institute

* National Mediator Accreditation Standards

* I hold professional indemnity insurance under which liability is limited by Professional Standards Legislation

Contact
Anthony
Lo Surdo
Anthony Lo Surdo S.C.
(+61) (02) 9223 3181
61 407 015 945
(+61) (02) 8028 6063
Barrister Advanced Mediator Arbitrator
12 Wentworth Selborne Chambers, Sydney; Lonsdale Chambers, Melbourne
Wentworth Selborne Chambers
12/180 Phillip Street
Sydney
NSW
2000
Australia