JANELLE PAYNE – ACCREDITED MEDIATOR

To reach a resolution you need someone with both experience and understanding.

Janelle’s mediation work is rated highly, especially for her level of preparation, attendance to detail and understanding of the real issues.

By engaging Janelle as your mediator, you will have the benefit of her 20 years as a commercial  including 15+ years as a respected commercial barrister and her past experience as a Senior Associate at Australasia’s largest law firm.   She has also trained Court registrars as mediators with these teams going on to win awards for their alternative dispute resolution services.

Janelle has conducted hundreds of commercial and industrial relations mediations in her prior role as a court Registrar.

At the Advanced Mediation Workshop at Harvard Law School (Program on Negotiation: Executive education, Cambridge, June 2017),  Janelle enhanced her toolkit in tackling the most challenging commercial, multiparty and emotionally-charged disputes. She also attended the 2nd International ADR Conference in Bangkok, Thailand.

In 2023, Janelle was appointed an expert assessor at the International Bar Association Mediation and Negotiation Competition held in Vienna.

Janelle brings a high level of commercial law experience and understanding, particularly in the areas of contracts, trusts, property, insolvency, banking, shares and investments, as well as personal experience in the business and management spheres.

Her strategic business approach, personable nature and ease in operating with all types of individuals and layers of management can often help resolve impasses.

Janelle is comfortable with both highly-experienced and less-experienced parties and is adept at dealing with complex as well as emotionally-charged mediations.

Areas of mediation

Australian Consumer Law • Banking & Finance • Bankruptcy & Insolvency • Clubs & Associations  Commercial leases • Confidential information and customer databases • Construction & Engineering • Consumer/Fair Trading & Product Liability • Contracts • Director’s duties • Distribution and wholesale agreements • Executive compensation • Family law • Financial advisers and accountants • Former employees • Franchising • Insurance • Intellectual Property • Internet and software distribution • Licence agreements • Liquidations and receiverships • Media • Medical Negligence • Medical practices and specialists • Mergers and acquisitions • Partnership disputes • Privacy law • Professional Negligence • Property, real estate and conveyancing • Put and call options • Resources, Energy & Mining • Restraint of trade and non-competition clauses • Retail shop leases • Retirement Villages • Same sex-relationships • Securities and investment advisor issues • Shareholder disputes • Share option plans • Small business • Sports law • Superannuation • Third line forcing and anti-competitive conduct • Trademarks, patents • Trade Practices • Trusts and Trustee’s duties • Wills, Estates & Succession

Location
Global, regional and interstate (via Zoom or in person)

• Sunshine Coast (in person)
• Brisbane (in person)

Janelle conducts mediations in Brisbane, regional Queensland and throughout Australia and internationally.

• Janelle brings a high level of commercial law experience and understanding.
• Her strategic business approach, personable nature and ease in operating with all types of individuals and layers of management can often help resolve impasses.
• Most important, Janelle is comfortable with both highly-experienced and less-experienced parties
  and is adept at dealing with emotionally-charged mediations.
• Janelle has a unique ability to inspire trust and frank discussion along with solution-based creativity.
• Janelle is willing to travel to firms, QLS, Bar Association or regionally for mediations.
• She provides certainty with a fee that includes reading time and preparation.

• Janelle mediates all disputes, including Supreme Court, District Court and Federal Court and Industrial disputes,  as well as matters where proceedings have not yet begun.
• Janelle has also appeared as Counsel in mediations, including high level commercial disputes for Australia’s flagship banks, companies and high-net worth individuals, as well as for individuals in shareholder, tenancy, family law, and estate disputes.
• Prior to being called to the Bar, Janelle was senior associate at Minter Ellison in the area of corporate, financial and property litigation and insolvency.
• She is also proficient in franchising law, both from a legal and board perspective.
• Janelle is a highly-regarded individual with past leadership roles on management committee of the Women Lawyers Association of Queensland and the Queensland Law Society Litigation Rules Committee.
• She is a volunteer Board member for a registered charity.

Australian Consumer Law • Banking & Finance • Bankruptcy & Insolvency • Clubs & Associations  Commercial leases • Confidential information and customer databases • Construction & Engineering • Consumer/Fair Trading & Product Liability • Contracts • Director’s duties • Distribution and wholesale agreements • Executive compensation • Family law • Fertility law/names on birth certificates • Financial advisers and accountants • Former employees • Franchising • Insurance • Intellectual Property • Internet and software distribution • Licence agreements • Liquidations and receiverships • Media • Medical Negligence • Medical practices and specialists • Mergers and acquisitions • Partnership disputes • Privacy law • Professional Negligence • Property, real estate and conveyancing • Put and call options • Resources, Energy & Mining • Restraint of trade and non-competition clauses • Retail shop leases • Retirement Villages • Same sex-relationships • Securities and investment advisor issues • Shareholder disputes • Share option plans • Small business • Sports law • Superannuation • Third line forcing and anti-competitive conduct • Trademarks, patents • Trade Practices • Trusts and Trustee’s duties • Wills, Estates & Succession

• Janelle requests a joint brief of material at least 7 days prior to the mediation.  Parties can provide a position paper if they wish to crystalise the issues and expedite the mediation.
• Janelle gives each party (and their legal representatives) the opportunity to separately attend a  30 minute conference in the days leading up to the mediation (or the night before or morning of the mediation if this is the only time travel commitments allow).  At this confidential conference, Janelle will explain the mediation process, her style and what to expect. She will also answer any questions or concerns the party has about the process.
• Janelle is skilled in facilitating resolution with calmness, authority and optimism,
  whilst prioritising business aspects and commercial outcomes.
• Janelle conducts all mediations in a neutral, confidential and independent manner. Janelle is willing, when asked, to express views on the merits if this will assist parties in reaching resolution.

Janelle has a ‘no-surprises’ fee structure, with a fee that includes reading time and preparation:

Mediation Fees (as mediator or as Counsel).

Full day – $3,500 including GST (including reading and preparation in advance of mediation).

Half day – $2,500 including GST (including reading and preparation in advance of mediation) —

–Janelle does not mediate Magistrates Courts or QCAT disputes.

These rates include complimentary room hire at the Mediation Rooms of Clark & Associates at Buderim. Alternatively, parties may wish to arrange room hire at Queensland Law Society, Barrister Chambers or their firm.  Online Dispute Resolution Platforms are also available.

Half day is 9am-2pm. Full day is 9.30am-5pm.  Extra hours at $400 per hour including GST.

Sydney, Melbourne, Regional or Interstate Mediations (in person)

(Travel time within three hours driving or flight time of Brisbane – add $900 for travel costs and travel time)

International or Global Mediations

International and global mediations:  $3,700 USD/3,500 Euros per day of mediation for online dispute resolution or in person mediations, plus flat $3,700 USD/3,500 Euro travel and accommodation allowance (for in person mediations).

Conflict dispute resolution meetings via dispute resolution platforms or Zoom are becoming increasingly common.  Where commercial parties are located in different countries and time zones, the mediation can be conducted over two or three 2.5hr sessions at times that suit all parties.

Janelle is a NMAS Accredited Mediator.  

Confirmation fee (non-refundable)

Janelle’s Mediation Manager will contact you to arrange payment of the mediation fee and assist in collecting the mediation brief which can be provided electronically.

The mediation fee is required to secure the date and is non-refundable.  Balance of fee to be paid at start of mediation, or it will not proceed.

Janelle requests a joint brief of material at least 7 days prior to the mediation.  Parties can provide a position paper if they wish to crystalise the issues and expedite the mediation.