Services
Advisory
& Risk.
Specialising in Corporate Governance, Insurance, Legal Crisis, Risk Management and Mitigation.
Corporate Governance
Providing advice in relation to:
- Directors’ & Officers’ liability
- Regulatory issues
- Investigations
- Proactive risk management
- Litigation risk control
Insurance
- Policy and coverage advice – front-end commercial advice; and
- Policy and coverage advice in the event of an insurance coverage dispute
- Experience acting for both corporate insureds, select insurers and reinsurers
Legal Risk, Management & Mitigation
Providing advice on:
- Mitigating risk for effective business strategy and outcomes
- Compliance issues
- Crisis management (from a legal perspective)
- Dispute resolution strategy, negotiation and mediation
Corporate roles
Michael is presently:
- A director of Australian Geographic Pty Ltd;
- NSW Council member of Yalari;
- Principal of Solve|Resolve Pty Ltd.
Michael was previously:
- Founding and managing partner of Quinn Emanuel Urquhart & Sullivan in Australia (2013-2022);
- Prior to that, he was a partner and held national and then co-head global practice roles at Freehills/Herbert Smith Freehills;
- Chair of Resolution Institute (as LEADR is now known); and
- Advisory Board member of RAND Institute of Civil Justice.
Mediation.
As a disputes lawyer, Michael has represented numerous clients in high profile settlement negotiations and mediations, often as counsel. This has extended to Michael being asked to assume the role of lead lawyer and counsel at mediation, in place of the lawyers on record. See Results for specific case examples and outcomes (where a matter of public record).
Mediator
Michael has been a mediator for over 20 years.
His extensive commercial disputes practice and experience has provided him with a broad background and insight into commercial disputes.
Michael is a nationally accredited mediator (NMAS and Resolution Institute). He is appointed to a number of national mediation panels and has recently been rated as one of Australia’s “leading lawyer-mediators”.
Michael teaches courses in Australia and overseas on mediation and dispute resolution, including:
- Lecturer at UNSW Law School on “Resolving Civil Disputes”;
- Guest lecturer at Stanford Law School, Hanoi Law School; Sydney University Law School, University of Technology, Sydney and past fellow and lecturer at University of Western Australia Law School intensive negotiation and mediation program;
- Author of Thomson Reuter’s text, Dispute Resolution (2018); and
- Trainer in dispute resolution for clients and professional bodies and is a member of the NSW Law Society ADR Committee.
The Mediator Standards Board (now AMDRAS) recently described Michael Mills as one of “Australia’s leading lawyer mediators” in an article for Lawyers Weekly, 15th May 2024.
Alternative
Dispute
Resolution.
We identify the most effective strategy to produce the optimal resolution for clients. Dispute resolutions options we utilise (together with litigation) include:
Negotiation
A firm, but fair approach to the Other Party, enabling the prospects for sensible and constructive negotiation to occur at any time. Past results reflect some of the success of this approach.
Early settlement
Litigation is sometimes necessary to clarify the issues and what is at stake, but this does not preclude the scope to then negotiate a sensible resolution – whether by direct negotiation, mediation or some other form of early neutral resolution.
Mediation
As noted, we act as a mediator, as well as advise and/or represent a party at mediation.
Resolution advice
Disputes, let alone litigation, are an adversarial (and often acrimonious) process which can blinker the client and/or their legal team. Sometimes bringing in an independent lawyer, who can objectively assess the matter in the present, provides a fresh perspective on resolution options and strategy.
Settlement Counsel
For the same reasons, it can be more productive to let the litigation lawyers work on the litigation, while appointing a separate lawyer to work in tandem on settlement. This allows the existing team to focus on the litigation and trial preparation, while a lawyer independent of the litigation advises on settlement options, strategy and implementation – whether by direct negotiation, mediation or other ADR process.
97%
of all disputes the subject of legal proceedings are settled prior to trial determination*
*Conventional wisdom supported by: Law and Justice Foundation of NSW report “Legal Australia-Wide Survey: Legal Need in Australia” (August 2012) which put it at 3.4% and M Galanter, “The Vanishing Trial: An examination of Trials and Related Matters in Federal and State Courts” (2004) 1 (3) Journal of Empirical Studies 459 which put it at 1.8% in 2002. See also E Helland et al, “Contingent Fee litigation in New York City” (2017) 70 Vanderbilt Law Review 1971.
Litigation –
Dispute
Resolution.
Extensive experience and expertise in successfully handling a wide range of commercial litigation matters: See Results for specific case examples and outcomes.
Class actions
Both on the defence and plaintiff side – see Results for specific case examples and outcomes
Corporate liability and crisis
Ardent (Dreamworld); NuCoal (expropriation of assets); Arup (BrisConnections) and others noted in Results
Director & Officer liability
Advice and representation – Ardent (Dreamworld); ABC Learning Ltd; Forge Group and others not a matter of public record
Insurance
Experience acting for insurers and policyholders in coverage disputes and recovery actions.
Negligence, mass torts and professional negligence
See Results for specific case examples and outcomes where a matter of public record
Product liability
Defence, including acting for Sanwa Holdings (building cladding); Johnson & Johnson (hip implant); Getinge AB/Atrium (medtech).
Regulation & Investigation
Including white collar crime and investigations, Royal Commissions, Inquiries and acting for regulators and defendants.
Litigation consultant
Solve | Resolve are able to work virtually ‘in-house’ for clients to manage major litigation and/or alongside their existing lawyers, to provide independent and solution orientated strategic advice on commercial disputes and litigation matters.
Repeatedly recognised by Best Lawyers as one of Australia’s leading lawyers in alternative dispute resolution, class action litigation, insurance law, international arbitration, litigation, product liability litigation and regulatory practice; including past class action and product liability “Lawyer of the Year”.