The importance of alternative dispute resolution is part of the approach taken at Jackson & Associates, Solicitors. If a clients presents with a legal dispute, resolution of the issues outside of court is explored as a priority. Peter has good working relations with a number of mediators throughout Australia and has assisted clients reach favourable settlements in many mediations throughout his professional career.
For members of the rural community in disputes over farm debts, debt mediation is available and mandatory in any such disputes. Peter has assisted clients involved in farming operations at many farm debt mediations.
From time to time disputes arise as to the meaning of some of provisions stipulated by the Farm Debt Mediation Act 1994 (NSW) (“the Act”). Peter has conducted a number of court cases that have provided clarification on the meaning of particular provisions of the Act, including:
• the case of Gain v Commonwealth bank of Australia (1997) 42 NSWLR 252 which is authority for what is required for a mediation to occur under the Act; and
• Waller v Hargraves Secured Investments Ltd  HCA 4 which examined when a refinance is in a fact a new loan under the Act and therefore requiring a separate farm debt mediation.