Nicoletta Ciffolilli

Location of service: 
Nationally via digital, WA
Services offered via digital means: 
Yes, teleconference via Telstra 3way chat or skype; Video conference via skype and facetime. Currently investigating online meeting platforms, such as GoToMeeting and similar.
IP Right: 
Patents, Trade marks, Designs, Plant breeder's rights
Organisation: 
Solutions for Conflict
Contact: 

Mobile: 08 327 3249

Pricing: 
$275/hr per client for assessment meetings and preparation. $110 to $137.50 (maximum) per hour per client for mediation. $2200/day for mediation (this cost is shared between 2 clients). Due to commercial sensitivity full written details of fees including reductions can be provided on inquiry.

Mediation experience

Nicoletta’s knowledge and understanding of DR processes and techniques is extensive for a number of reasons.  She has been mediating since 1993, after she completed her initial mediation training, as part of her legal practice. After establishing Solutions for Conflict in 2000 she began mediating on a fulltime basis. She is a Nationally Accredited Mediator (Advanced standing with LEADR) and a registered Family Dispute Resolution Practitioner (FDRP).  She completed an Advanced Mediators course at Pepperdine University in 2004.

Nicoletta has had a broad range of experience in mediation in a number of areas including copyright, engineering, insurance, property, commercial, inheritance/succession, workplace, multi party disputes and intra family disputes.  In addition Nicoletta has mediated/facilitated where there is no dispute and clients want to use the process to avoid disputes later. These have been to decide family inheritances and in commercial joint ventures  She has mediated/facilitated in matters where there has been media coverage of the dispute.

Often meditations involve ongoing relationships, and Nicoletta manages this so that any settlement arrived at is done in a way that does not harm the ongoing relationship. By creating a safe confidential environment where clients can express their concerns and needs, Nicoletta assists clients to identify possible solutions to their dispute and work towards resolution. Clients can achieve resolution even if they agree to disagree on some things and in the majority of cases they also leave with strategies for more effective communication thereby reducing the likelihood of further conflict.

Having worked as a lawyer and also been a member of the State Administrative Tribunal, and a Conference Registrar with the Administrative Appeals Tribunal, amongst other administrative tribunals, Nicoletta is very familiar with the processes and law of administrative appeals and statutory reviews.  This knowledge would be helpful when mediating IP disputes.

Nicoletta was also a facilitator for Restorative Engagement Conferences as a consultant to the Defence Abuse Response Taskforce. Part of this work involved facilitating meetings between a representative from the Australian Defence Forces and persons who are/have been in the Australian Defence Forces and have suffered serious abuse in the ADF.

Consequently Nicoletta is skilled at facilitating meetings that can be unpredictable and intensely emotional.

Nicoletta has worked with people from diverse backgrounds including people whose first language is not English or who are from different cultures.  As a person whose first language was not English Nicoletta is acutely aware of the nuances and idiosyncrasies of English when speaking with people who have English as a second language.  She has varied her communication in those instances in order to communicate effectively with them. For example, she avoids jargon and tries to use metaphors that are relevant to the client.  She has completed cultural awareness training and intercultural training regularly.  However Nicoletta also understands that there is diversity within groups and cultures and she prefers to clarify cultural requirements rather than rely on assumptions or generalisations about a particular culture or group.

Nicoletta has an ability to relate well to people. She is able to establish rapport and demonstrate empathy without compromising her impartiality and professionalism. She communicates in a way that demonstrates respect and usually puts others at ease, even in stressful situations. She has over 30 years experience in working with people in conflict whether as a mediator, lawyer, or tribunal member.

More information, including endorsements, is available on the website.

Mediation qualifications

  • Bachelor of Jurisprudence (UWA 1980)
  • Bachelor of Laws (UWA 1981)
  • Practitioner of the Supreme Court of Western Australia (1981)
  • Practitioner of the Federal and High Court of Australia (1985)
  • Member of the Law Society of WA’s Mediators and Arbitrators Panel
  • Nationally Accredited Mediator
  • Certificate of Accreditation (Defence Abuse Response Taskforce)
  • Registered Family Dispute Resolution Practitioner
  • Approved Court Mediator of the Family Court of WA.
  • Vocational Graduate Diploma in FDR
  • Cert IV Training and Accreditation
  • Cert IV in Applied Language (Spanish)

LEADR Award for Significant Contribution to ADR (2013)

Specialist experience and qualifications

The most recent IP dispute involved a copyright matter. This matter was mediated by Nicoletta over approximately 4 to 5 hours and the dispute was resolved.  Clients were satisfied with the result and their feedback is included on the website.

Nicoletta is often called to mediate in areas in which she does not have subject expertise. She is capable of assimilating new information quickly when required but it is her advanced process skills that result in agreements between disputants. Mediation is not an adjudicative process so because Nicoletta is not an IP expert she can maintain impartiality, which is one of the main principles of mediation.

Nicoletta has had IP experience as a lawyer when she provided advice in relation to a trade mark and a copyright (art) dispute and has chaired conferences as a Conference Registrar at the AAT that have occasionally involved IP issues.

Nicoletta also understands regulatory and governance processes as a result of her being a member of the national Nursing and Midwifery Board and the Medical Board of Australia (WA).

 

Additional information

Each mediation involves an assessment stage to determine if a matter is suitable for mediation and to identify the most appropriate process for the clients. Mediation may be provided face to face, by shuttle or by tele/video conference.

Nicoletta has mediated via teleconference and video conference when clients live outside the metropolitan area or WA or for reasons of client safety.  She also does the initial individual meetings in this way when required/requested.

Clients need to have access to technology at the time of the meetings so that a “digital” whiteboard for noting of agenda items and agreements is possible during the mediation.  Generally, both forms of digital mediations work well and clients appreciate that they don’t need to leave their office to attend. Some clients find it easier to communicate if there is physical distance from the other party(ies) and/or can’t see them.

The style of mediation used encourages those involved to take responsibility for their behaviour and understand the impact of that behaviour on others and the conflict. It assist parties to find better ways to communicate when problems arise and provides a problem solving model which parties can use themselves in the future to resolve disputes.

Services will be provided so that they:

  • are consistently of high quality
  • meet national standards
  • minimise the cost of the services
  • support and enhance IP Australia’s brand in ADR;
  • builds strong relationships between IP Australia and their customers
  • add value by alerting IP Australia, confidentially, to systemic issues that if changed could improve customers’ experience
  • allow monitoring of performance and benefits.