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. This is critical in a mediation, in which parties crave to be heard and understood.

By engaging Janelle as your mediator, you will have the benefit of her 15+ years as a lawyer, including 9+ years as a respected commercial barrister and her past experience as a Senior Associate at Minter Ellison.

You will also have the benefit of the skills she gained at the Advanced Mediation Workshop at Harvard Law School (Program on Negotiation: Executive education, Cambridge, June 2017). At Harvard, Janelle enhanced her toolkit in tackling the most challenging commercial, multiparty and emotionally-charged disputes.

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

Why Janelle’s mediation work is rated highly

  • 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 experienced in succession law and her fertility law cases have received international attention.
  • Most important, Janelle is comfortable with both highly-experienced and less-experienced parties
    and is adept at dealing with emotionally-charged mediations (which occurs more than you think in the corporate and commercial sphere as well!).
  • Janelle’s ability to inspire trust and frank discussion along with her solution-based creativity
    and style can often facilitate a ‘win-win’ result in a mediation.
  • 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.

Mediation CV

  • Janelle mediates all disputes, including Supreme Court and Federal Court disputes, District Court and Magistrates Court disputes, as well as matters where proceedings have not yet begun.
  • Janelle mostly conducts mediations in the commercial sphere but is also available to conduct mediations in other areas, including deceased estates, family provision and fertility law.
  • 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.
  • She has a strong family background in the retail industry and business.
  • 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.
  • Her mediation training was gained at Queensland University of Technology and Harvard Law School (Advanced Mediation Workshop, June 2017).

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 • 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

What parties can expect

  • Janelle requires 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 requires each party (and their legal representatives) 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.

Mediation / Arbitration Fees

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 – $4,500 plus GST (including reading and preparation in advance of mediation).

Half day – $3,000 plus GST (including reading and preparation in advance of mediation) — only available for private mediation of small disputes eg e.g Magistrates’ Court or QCAT disputes

Excludes room hire (e.g at QLS, BAQ).

Half day is 9am-2pm. Full day is 9.30am-5pm.  Extra hours at $450 per hour plus GST.

Regional or Interstate Mediations

(Travel time within three hours driving or flight time of Brisbane)

One day regional or interstate mediations:  $5,000 (including preparation, mediation fees, and travel time). Excludes room hire, travel and accommodation charges (at cost).

Janelle is a NMAS Accredited Mediator.  

Janelle is not a FDRP mediator so is unable to issue Section 60 I Certificates in the Family Law jurisdiction.

Confirmation fee (non-refundable)

To be paid within 7 days of confirmation of date and no less than 7 days prior to mediation: $1,500 per party ($3,000 in total).

Balance of fee to be paid at start of mediation, or it will not proceed.

Janelle requires 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.