ABOUT PAUL CAPORALE
Paul Caporale is a solicitor of the Supreme Court of New South Wales and the High Court of Australia and a retired (2006) partner of Henry Davis York Lawyers (now Norton Rose Fulbright). He is a LEADR Advanced mediator and is nationally accredited under the National Mediator Accreditation System.
Paul has mediated in the region of 1600 disputes since 2006. He provides 3 types of dispute resolution services:
• As a mediator
• As a facilitator (ie. in expert conclaves)
• As a moderator (ie. where the parties want to agree a confidential process of evidence gathering and sharing in order to explore resolution at a mediation, prior to litigating or commencing proceedings).
Paul mediates disputes across a range of commercial matters between parties who are legally represented. The principle areas of Paul's mediation practice involve tort and contract law, insurance law, claims against professionals, property damage and personal injury.
Paul mediates disputes in Sydney and all major capital cities. You can check his availability for mediations in Sydney by accessing the Availability icon.
For mediations in other capital cities and regional centres please phone or email Paul directly for availability.
For a copy of paul's CV press on Capability Statement.
Day long mediation
Commence between 9.00am & 10am. and proceed all day (if necessary), unless specifically notified by me at the time of booking that the mediation finishes by 4pm.
Morning mediations
Can commence as early as 8.30am,
but be finished by 1pm.
Afternoon mediations
Can commence as early as 1.30pm,
but be finished by 5pm.
Evening mediations
Can commence no earlier than 4.30pm
and be finished by 8.30pm.
AVAILABILITY & BOOKINGS
= Unavailable times
= Available times
Discourage litigation. Persuade your neighbour to compromise whenever you can.President Abraham Lincoln
As a peacemaker the lawyer has a superior opportunity of being a good man.
There will still be business enough.
AVAILABILITY
MEDIATION PROTOCOL
I thank the parties and their representatives for the faith they have shown in me by appointing me as Mediator
and I look forward to working with you.
1. MEDIATION AGREEMENT
I utilize the standard LEADR/Resolution Institute (www.resolution.institute) wording, which I will prepare and bring to the mediation for execution by all in attendance (before the mediation commences). A copy of the wording can be viewed at www.caporalemediations.com.au and is a drop down at the end of Mediation Protocol. (In addition, the National Mediator Practice Standards can be accessed at the website of the National Mediator Accreditation System (NMAS)).
2. FEES and TERMS OF APPOINTMENT
- From 1 January 2024 the daily fee for all day mediations is $8,300 for any part or all of one day where there are 2 ‘parties’; $10,500 where there are 3 ‘parties’; $13,000 where there are 4 ‘parties’, & where there are 5 or more ‘parties’ the daily rate is $3,500 for each party.
- The number of ‘parties’ is defined as the number of legal firms representing the disputants, and not the number of parties in the pleadings. (I do not conduct mediations unless all parties are legally represented, or the parties are themselves practising or retired judicial officers, solicitors or barristers).
- The fee for considering position papers and the Agreed Bundle of Documents prepared by the parties is $750/hour (per minimum 6-minute intervals). This is in addition to the applicable daily fee for the mediation.
- Both the daily fee rate and the hourly rate are exclusive of GST.
- There are no extra charges for liaising with the parties beforehand, or for expenses such as accommodation, taxis, meals, long distance phone calls, faxes, copying or couriers. I will advise if air fares are to be charged and obtain consent beforehand from the parties.
- In relation to matters agreed for half day mediation (whether morning, afternoon or evening) the half day rate is $5,500 where there are 2 ‘parties‘, $8,000 for 3 parties, & $2,600 per ‘party‘ for 4 or more ‘parties‘. The hourly preparation rate remains $750. All rates are exclusive of GST.
CANCELLATIONS: A cancellation fee will apply if I am notified:- 1-5 days prior: 75% of the applicable rate, unless I secure another booking for that day.
- 7-14 days prior: 50% of the applicable rate, unless I secure another booking for that day.
- 15 & more calendar days’ notice: nil cancellation fee.
3. VENUE
The parties should agree and arrange a mutually convenient venue at the parties’ cost (If the mediation is not being conducted by teleconferencing).
4. PRELIMINARY CONFERENCE
In preparation for the mediation, I am happy to hold a preliminary conference if the parties so wish. Let me know if you would like a preliminary conference, otherwise we shall proceed by way of agreed timetable and communication by email.
5. MEDIATOR'S ROLE
All parties should be aware that it is not the role of the mediator to make a determination of the dispute or decisions for the parties. It is, therefore, very important that the disputants and their legal advisers come to the mediation fully equipped and prepared to negotiate on the issues and with the authority to sign an agreement should one be reached.
6. AUTHORIZATION
It is essential that each party have in attendance at the mediation a person who can provide instructions and is properly authorized to make offers and settle the matter. In relation to NSW Court ordered mediations your attention is drawn to Rule 20.6 of the Uniform Civil procedure Rules. Other jurisdictions have similar Rules.
7. POSITION PAPERS
Position papers should be as short and to the point as circumstances allow, referring to facts and case law relied upon where necessary. The document should be marked “Without prejudice and for the purpose of mediation only” or words to that effect and emailed to me and all the other parties.
8. AGREED BUNDLE OF DOCUMENTS
The parties should confer and as far as possible agree upon the relevant documents. As a general rule, they should only include substantive pleadings, expert reports which have been served or are intended to be relied upon and evidentiary documentation, but only if it is critical to an important point or issue in dispute.
- The agreed bundle should be emailed to paul@caporalemediations.com.au or a hard copy delivered to me at level 13, 111 Elizabeth St Sydney or DX 803 Sydney.
9. SETTLEMENT DOCUMENTATION
Please ensure you bring copies of Consent Judgement or Deeds of Settlement or Release Agreements to the mediation for completion of minor details, so that the terms of offers are clear in the event the matter settles.
9. INVOICES
Within one week after the mediation I will invoice each party c/- their solicitors. Please inform me if any party is not contributing equally to the fees and I will amend the mediation agreement accordingly.
CAPABILITY STATEMENT
Career Overview
Paul is a solicitor with many decades of experience in litigious disputes, insurance law, insurance claims and commercial litigation. For more than a decade he headed the insurance law department at Henry Davis York Solicitors in Sydney managing commercial litigation practices of 40 lawyers.
Paul has worked on major and complex cases in Australia (chiefly Sydney) and Asia (principally Singapore, S Korea & the Pacific) and has instructed in significant tort law cases before the appeal courts and High Court, acting for most Australian insurers, self- insured corporations, financial institutions and overseas underwriters across all insurance lines, except marine & aviation.
He has been an Office holder and Committee member over various years of the Australian Insurance Law Association (NSW) and Australia and New Zealand Institute of Insurance and Finance. In 2006 Paul retired from legal practice and commenced mediating litigated and non-litigated disputes. He is a LEADR Advanced Mediator.
Key strengths
• Blend of facilitative & evaluative mediator
• High level brokering skills
• Experienced in dealing with people that require practical solutions
• Sensitive to the competing agendas of corporates and individuals
• Highly developed conflict resolution skills
• Personable and pro-active style
Mediation Experience
Paul has extensive experience in mediating:
• Claims between professional persons and clients/patients, including dentists, physiotherapists, solicitors, valuers, optometrists, opthalmologists, surgeons, gynaecologists, obstetricians, managing agents, financial advisers, architects and engineers;
• All manner of public liability suits, including multiple occupiers, government utilities & councils, insurers seeking contribution and claims for statutory or contractual indemnity;
• Personal injury claims from modest to catastrophic in the areas of disability & life policies, compulsory third party, workers compensation and common law, including disputes as to applicable coverage;
• Disputes between professional indemnity, liability and statutory underwriters over policy construction, interpretation, dual insurance, double insurance and policy coverage;
• Product liability claims ranging from the food sector to herbicides to blood stock;
• Property loss & business interruption in multi-party contractual and tortious disputes involving motor vehicles, cranes, mobile machinery, and major property damage suits in the construction and mining sectors;
• Business partnership disputes;
• Liquidators recoveries against company directors;
• Disputes re costs orders; and
• Intentional torts and civil claims for false arrest, imprisonment, assault and malicious prosecution.
Professional Memberships
• Resolution Institute (LEADR Institute of Arbitrators & Mediators Australia)
• Registered pursuant to the Mediation Act 1997 (ACT)
• Accredited national mediator (NMAS)
• Australian Insurance Lawyers Association
• Law Society of NSW
• Far North Coast Law Society