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Jeffery Sewell

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Mediation Profile

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.

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.

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.

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.

AUD$4,000.00 per day (plus GST/VAT).

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

Training and Education

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.

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.


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.


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

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

As part of Compulsory NSW Bar Association Professional Indemnity Insurance - in respect of which Mr Sewell has cover for AUD$5 million per claim.

Jeffery Sewell
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