Immediation

FAQs

Frequently asked questions

FAQs

Common questions. Succinct answers.

Can I use Immediation?

Everyone is welcome to use Immediation including individuals, consumers, in-house legal teams, businesses, companies, institutions and government departments, to name a few. All you need is a computer or a mobile telephone with camera function and access to the internet (note certain browsers are preferred). Our unique video conferencing tool enables you to settle your dispute online without having to leave your home or place of business.

What kind of disputes does Immediation resolve?

Pretty much anything commercial, business-related or government related, sometimes called ‘civil’ matters. We don’t deal with criminal matters or family law yet, although our family law offering is coming soon. Our expertise includes the following areas: Banking and finance laws. Common law and professional regulations. Corporate and commercial disputes. Employment, industrial relations and discrimination issues. Government and administrative laws. Intellectual property, information technology and media issues. Property, construction, environment, oil, gas and mining deals. Wills, estates and charities.

How quickly does Immediation work?

We understand how important it is for you to untangle complicated issues and get back to business. Our standard turnaround time is 30 days from the date that all parties have agreed to use Immediation and signed up to the process with the independent expert. It may take a little longer for some more complex services, such as arbitration. Immediation is also flexible, so parties may request more time.

What is Online Dispute Resolution (ODR)?

Online dispute resolution is a way for parties to privately resolve their disputes with the help of an unbiased expert using technology instead of going to court. Immediation will offer users the choice of alternative dispute resolution processes provided by an independent neutral.  Our first service will be Mediation provided by independent mediators.  Later we will offer independent neutrals to provide Evaluation, Determination, and Arbitration.

What services does Immediation offer?

Immediation will provide expert neutrals to offer a range of different dispute resolution services to suit different needs.  Our initial service will be Mediation provided by an independent mediator.  Following launch, we will expand into providing a panel of experts for:
- Evaluation
- Determination
- Arbitration – domestic or international.

How does an outcome in Immediation take effect?

If you participate in Mediation and agree to settle your dispute through negotiations, the settlement agreement is a legal contract to pay money, which can later be enforced in court as a debt if not honoured.

If you participate in Evaluation, the expert provides an opinion to both parties on how they could try and settle their dispute. What you then do with that opinion is up to you e.g. the parties may then want to use Immediation to hold a mediation and try to settle their dispute through negotiations and agree a settlement agreement. Your legal rights are not affected by participating in Evaluation.

If you participate in Determination, the expert provides a decision on the dispute as a binding contract, which can later be enforced in court as a debt if not honoured. Your rights will be affected by the outcome. If either party is not happy with the outcome of a Determination, either of them have the option to refer the dispute to a panel of three experts appointed by Immediation. The panel will then rehear the dispute and either confirm or change the original decision. The parties have to agree in advance that this option will be available.

If you select Arbitration, the arbitrator provides his or her formal decision to the parties, called an ‘award’, which is legally binding on both sides and enforceable in the courts. Your rights will be affected by the outcome.The above information is not legal advice but general information about the platform offering.  If you are uncertain about any aspect of the platform offering, please consult a lawyer for legal advice.

What is a review panel?

Once our Determination service becomes live, if either party is not happy with the outcome of a Determination, either of them have the option to refer the dispute to a panel of three experts. The panel will then rehear the dispute and either confirm or change the original legal decision. The parties have to agree in advance that this option will be available.

How do I know which service to choose?

If you’re not sure based on the information on our website and on the platform, Immediation is here to help you choose the most appropriate service for your situation.

Mediation, determination and arbitration differences?

The type of service that you choose depends on the level of control that you would like over the outcome. Mediation is a negotiated settlement, therefore the parties retain control as they do not have to agree to an outcome that they do not like. Determination is a new form of expert determination, where a specialist legal expert decides on what the outcome should be, based on the information before him or her, and decides which party owes which party money, and how much. It allows for answers that are not black and white, but might allocate the outcome based on commercial and legal risk. For example, if the expert decides that it there is an 80% chance that the claimant would win in court, the respondent might pay the claimant 80% of the claim. The expert can use his or her own knowledge and ask questions and is not dependent on the arguments or information put forward by the parties. Arbitration is a formal process using judicial reasoning, where the parties present their cases and the arbitrator decides the legal outcome. The arbitrator produces an award which is enforceable in court. It is more appropriate for complex cases, cases requiring enforcement internationally, or where the parties do not wish to take the commercial risk allocation approach referred to in determination.

How do I know what process Immediation will follow?

Before you sign up to a particular service, the ‘rules’ that the independent expert must follow for that type of service are provided to you in advance and you will also enter into an agreement about that with the person you are disputing with. We will also provide an easy to understand guide for Immediation’s Rules, so there are no nasty surprises.

How safe is my information once I share it with Immediation?

All information is encrypted on Immediation’s servers located in Australia. Routine audits are performed to protect against new security vulnerabilities.

What happens if a claim is made against me?

If you receive an invite from us to try to settle a dispute using Immediation, you are asked to answer straightforward questions online to explain your side of the dispute and upload your evidence to support your response.

A claim was made against me, but I want to claim too?

You can make a ‘counter-claim’ by answering straightforward questions online to tell the other party why you say you have a claim too, then upload your information (or ‘evidence’). The other side is then informed about your counter-claim and invited to respond.

Once a claim has been made what happens next?

A qualified independent expert from our panel works with the parties to obtain a resolution quickly and efficiently without expensive legal costs being incurred. There are different services to choose from, depending on whether you want control over the outcome or you just want an independent expert to sort it out and tell you the outcome.  The first service Immediation will offer will be Mediation with an independent mediator from our panel.

Will I need a lawyer?

That’s completely up to you! Immediation has been designed so that you don’t need to have your own lawyer arguing your case for you. However, if you still want that you have your own lawyer involved in the Immediation process, you are free to do so.

Can my lawyer make a claim on my behalf?

Yes. Your lawyer can make a claim on your behalf by registering an account on Immediation using his or her own contact details and then lodging a claim on behalf of you/your company.

What is the cost?

Details of our introductory pricing are available here. The cost is proportionate to the value of the claim and comprises a flagfall and a percentage of the dispute value as asserted by the claimant, with a fee cap. The pricing differs for disputes above and below $1,000,000. Unquantified matters are charged at the price for a $1,000,000 dispute. Counterclaims are included, with an uplift if the counterclaim value as asserted by the respondent is higher. The Immediation Platform allows the parties to determine who pays for the service and will invoice the parties as selected. The price is quoted exclusive of GST.  If you make a mistake, we reserve the right to increase your fee in accordance with our Platform Terms & Conditions, which are available to download once you register for free. The fee depends on the complexity of the service, but it is always value for money compared to the size of your claim.

Can I get a refund?

Immediation will check and confirm your dispute before proceeding and if your dispute is not appropriate for resolution on Immediation, you won't be charged.  If the person you are disputing with doesn't want to proceed to use Immediation, you won't be charged.  Once both parties sign up, a refund may be available if the dispute settles prior to the online resolution conference or hearing or the parties otherwise decide not to proceed.  The right to a refund is explained in our Platform Terms & Conditions, which are available to download once you register for free. In the unlikely event that a service is not provided by Immediation, you may also be entitled to a refund, however, as we have a panel of over 90 independent experts there should be no reason why your service can't be provided.

What if I am successful but the other side doesn't want to pay?

We will help you find an expert lawyer, at a discounted price, so you can enforce your contract, settlement agreement or award in court. You won’t need to re-argue the facts of your case because the contract proves that the other party owes you money but hasn’t paid.

Are there any extra costs or hidden fees?

No. The Immediation fee is a fixed that is linked to the value of the claim and it covers all the costs of using the platform and the independent expert’s fee.There is only one possible extra cost that might be payable, and that is if we think we need a scientific or technical expert. If Immediation thinks that is important or necessary for the resolution of your dispute, Immediation will find out the cost and tell you upfront before you agree to proceed. The benefit of using Immediation is that we will use only one scientific or expert, instead of one for each party.

When do I pay?

The fee (which comprises a fee payable to Immediation for use of our platform and a fee payable to our expert neutral) is paid once the claim is registered with Immediation, the other party to the dispute has agreed to try to settle the dispute with you using Immediation and you have entered into an agreement with your expert neutral. You will not be charged until then. You may share the fee with the other party to the dispute, depending on the circumstances.

Can I claim back the fee from the other party?

Yes, you can ask for that as part of the settlement outcome.

Can Immediation resolve international issues?

Yes, we can. It’s best to choose the international arbitration option for international disputes.

Examples of idyllic Immediation cases?

Immediation is best suited to cases which are based on documents. If your claim involves testimony from witnesses, you can invite them to participate in the online hearing. Immediation is also best suited, where possible, to cases where there is one party claiming against one other party. If you have a multi-party case, please contact Immediation to discuss it before registering a dispute.

Please use the following links for media & general enquiries.

Immediation

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