QLD Using evidence in mediation

Discussion in 'Australian Consumer Law Forum' started by 7and3, 10 May 2018.

  1. 7and3

    7and3 Well-Known Member

    20 February 2015
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    We have a scheduled mediation but I have some concerns. With our initial reply to the other side (affidavit) we had a great deal of evidence however our lawyer said to with hold this back and not show our hand.
    Our lawyer went to be heard and a mediation date was set with lots of other instruction following for a hearing if mediation failed.

    I was hoping that in mediation or prior that we could present our best and undeniable evidence to prevent trial.
    I thought if done prior to mediation it may avoid actual mediation, however at the very least present it all at mediation.

    Our lawyer has advised that we do not present evidence at mediation and still with hold things.

    My query is, would it not make sense to present all evidence to show the other side that they appear to be in a no win situation. It seems rather unusual that we are advised not do this. Going the other way will only drag things on unnecessarily.

    Also, if we go to mediation and we do present some very good evidence then why would this be frowned upon by our lawyer. I thought we just had to state that it was for open communications and/or evidence and therefore can be used in trial.

    Might someone give insight to this.

    Thank you.
  2. Rob Legat - SBPL

    LawTap Verified

    16 February 2017
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    It comes down to tactics. There are benefits to keeping some things in secret, just as there are benefits to disclosing. Without a full understanding of your case, there’s no way to tell if withholding the information is the ‘right’ way to go. And even then, it can come down to personal style. Discuss your concerns with your lawyer and ask them to explain their resaoning.
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