ABOUT KAREN

Experience shaped by both sides of litigation

Early in my litigation career, commencing 1995, I became a strong and committed believer that mediation is the best way to resolve a dispute. It is cost effective and can bring “closure” in a holistic sense — in a way that simply isn’t possible with a settlement by correspondence, ISC or even by taking the matter to trial and winning.

Witnessing the lived experience of terribly injured clients and playing a role to assist them legally shaped my awareness in an invaluable way, giving me the tools to bring a genuine trauma-informed approach to my mediation practice.

I’ve been a full-time mediator for the last ten years. I bring my experience and lessons learned as a former litigator on both sides, and in a number of areas, to my practice as a mediator.

And I’ve learned that combining care, curiosity and non-judgemental listening with thorough preparation and genuine trust-building is a winning formula for facilitating the settlement of any type of dispute.

As two recent testimonial kindly state:

“…Karen is a phenomenal mediator with a methodical, practical and highly effective approach to dispute resolution. She has an exceptional ability to build rapport with both sides while helping parties overcome the legal, factual and personal barriers to settlement…”

“…Resolving matters is always in the interests of all parties and keeping costs to a minimum. Karen knows this. She is a woman that can get things done. I would recommend using Karen for any difficult personal injury mediations.”

ABOUT KAREN

Experience shaped by both sides of litigation

Early in my litigation career, commencing 1995, I became a strong and committed believer that mediation is the best way to resolve a dispute. It is cost effective and can bring “closure” in a holistic sense — in a way that simply isn’t possible with a settlement by correspondence, ISC or even by taking the matter to trial and winning.

Witnessing the lived experience of terribly injured clients and playing a role to assist them legally shaped my awareness in an invaluable way, giving me the tools to bring a genuine trauma-informed approach to my mediation practice.

I’ve been a full-time mediator for the last ten years. I bring my experience and lessons learned as a former litigator on both sides, and in a number of areas, to my practice as a mediator.

And I’ve learned that combining care, curiosity and non-judgemental listening with thorough preparation and genuine trust-building is a winning formula for facilitating the settlement of any type of dispute.

As two recent testimonial kindly state:

“…Karen is a phenomenal mediator with a methodical, practical and highly effective approach to dispute resolution. She has an exceptional ability to build rapport with both sides while helping parties overcome the legal, factual and personal barriers to settlement…”

“…Resolving matters is always in the interests of all parties and keeping costs to a minimum. Karen knows this. She is a woman that can get things done. I would recommend using Karen for any difficult personal injury mediations.”

  • 1995: Bachelor of Arts and Laws, University of Tasmania & University of NSW
  • 1996: Admitted to practise as a solicitor NSW
  • 2001: Admitted to practise before the High Court of Australia
  • 2004: Unrestricted practising certificate NSW
  • 1995 – 2005: Plaintiff medical negligence
  • 2006: Workplace prosecutions & industrial advocacy
  • 2006 – 2013: Defendant government & professional liability
  • 2013 – 2016: Home Insulation Program Royal Commission, Cth Compensation Scheme & Cth class action
  • 2016 to present: Exclusive mediations practice

2016 to present

Being a Mediator – drawing on a career of lessons learned, relationships forged, genuine interest & desire to understand more about every matter, and striving to bring my best self to every matter so that all participants may feel a genuine emotional acceptance or even a sense of gratitude and satisfaction with the process and the outcome.

And receiving unsolicited feedback from various participants afterwards (as exampled on my Testimonials page), is an added validation that my approach has been what’s needed.

2013 to 2016

Representation of 73 insulation industry client businesses before the 2014 Royal Commission into the Home Insulation Program.

High level government consultation in 2015 regarding the implementation of the HIP Royal Commission’s recommendations and management of a class action in its investigation stages in 2016.

2006 to 2013

Representation of numerous commercial insurers re professional liability and also NSW government agencies re service delivery, including health, education, police & roads.

The shift from plaintiff to defendant representation provided me with the balance that I was looking for as a legal practitioner. As well as an understanding of insurance imperatives and large-scale service providers, I was reassured by the familiar territory I found in the fact that every participant to a litigated claim, feels genuinely assisted by a lawyer who listens and attempts to understand.

This is exampled by an email I received from a client surgeon regarding the defence of a medical negligence claim, at 9.40pm in 2013:

“….I’m sorry about the late e-mail, it has been a long day in the OR. I’m very grateful to have the job that I do as I get instantaneous feedback – a well patient at the end of a long operation, the gratitude of their loved ones and often the chance to help very anxious people through a difficult period in their life. I hope that you realise that you are doing something very similar for me – I’m extremely grateful”.

2009 to 2012

Ministerial appointment as an inaugural board member to AHPRA (Australian Health Practitioner Regulation Agency), involving the transition from the state-based to national registration scheme for registered healthcare practitioners.

2006

I stepped away from Plaintiff law in 2006 and sought to practice in the area of risk management – preventing catastrophes rather than dealing with the aftermath.

I had a contract role in an aviation risk management company, working on a project which involved the experience of flying in medical evacuation helicopters in Canada and the USA. The core work was to interview the medivac executives and staff for assessment and reporting on and benchmarking enterprise risk management and safety culture.

What I learned was the power of a listening ear. The wealth of frank and detailed information that an interviewee will disclose to you when a supportive environment is created and they feel heard, is a powerful and constructive thing indeed.

2005

Representation of the Anderson Family, in relation to a mother of 3 from Western NSW who died 1 month after the birth of her third child from septicaemia & brain damage resulting from an undiagnosed epidural abscess. This case was notable for a number of reasons:

  • Ms Anderson had sought treatment from the full spectrum of healthcare providers: birth under the care of a private specialist in a Sydney private hospital, and post-natal care by a country GP, and in a country public hospital;
  • Death from such a condition and in this way simply should not occur in terms of Australia’s high standards of healthcare;
  • The lengthy Coronial Inquest was followed immediately by protracted legal proceedings involving numerous defendants, the need for the use of overseas experts and the matter only settling 6 weeks ahead of the hearing date;
  • The absolute tragedy of the case and the wonderful bonds of this nuclear and extended family – was reported on skillfully and faithfully by the ABC’s 7.30 Report and later again by Australian Story, with the family bestowing on me, the honour of presenting the introduction. This family became my friends.

View client testimonial →

2000

Establishment of a successful Plaintiff health law practice at Sydney firm McLaughlin & Riordan in 2000, without recourse to media advertising.

This came through referrals which I sought and which came over time with the necessary frequency to establish an ongoing cashflow – crucial to the success of any business. Careful screening and selection of matters, diligent investigation and solid preparation meant that matters could be resolved cost effectively but could still be run to trial if necessary.

Earning a relationship of trust with your client from the outset, good communication and careful management of expectations, were and always are: key.

1996-2000

What I loved about working as a medical negligence lawyer for plaintiffs is that I was helping my clients, who were injured, vulnerable, fearful of the future and fearful of the legal process but had no other choice but to take it on: I was helping them to safeguard their future as best they could. It’s an a honour and a privilege to be able to do that.

Witnessing and trying to assist the lived experience of parents of children born with cerebral palsy, taught me some invaluable lessons for what we commonly term as “trauma informed practice” today.

Two particular families will be forever remembered in terms of the way that they made ME feel:

  • The mother of a cerebral palsy child, who I formed a close bond with over the 3 or so years that it took to get to mediation. The first mediation didn’t result in a settlement because we felt that the money on offer didn’t properly reflect what the case was worth. A second mediation occurred while I was overseas in London (conferring with experts in other cases). At the second mediation, the defence’s offer was for the right amount and in fact it was for what my Senior Counsel later told me was a record at that time. The mother wouldn’t settle without speaking to me. It was the mid 1990’s and had to go to a pay phone and make a call to Sydney to reassure her about the current offer and that it was now ok to accept it. Having our SC and the Partner in the room with her wasn’t enough to settle her claim – she needed to speak with me. That was very humbling.
  • In another cerebral palsy claim, after the settlement (again via mediation), I received a beautiful bunch of flowers with a card from the little boy that said: “Dear Karen thank you for making my world a better place.”

2013 to 2016:

Practice as a Partner at Sydney CBD boutique firm McLaughlin & Riordan, managing a major commercial / government liability project including:

  • representation of 73 interested insulation industry businesses before the 2014 Royal Commission into the former Rudd Government’s Home Insulation Program (HIP)
  • lobbying and conferring with the federal government regarding the implementation of the Royal Commissioner’s recommendations for compensation to the insulation industry
  • securing of litigation funding for the investigation of and sign-up to a commercial class action against the Commonwealth in respect of the HIP
  • provision of advice and representation to approximately 150 insulation industry businesses throughout this period

Reference by former firm Partner (for panel mediator role), 2020:

“TO WHOM IT MAY CONCERN

I was a partner in McLaughlin and Riordan Solicitors from 1996 until 2018. I am currently a consultant to that Firm.

I worked with Karen Stott for two periods during that time, firstly in the early 2000’s when she was employed by the Firm as a medical negligence and personal injuries solicitor, but more particularly from 2013 until 2016 when we worked together on the Home Insulation Program Royal Commission, and its aftermath, representing the insulation industry.

Karen started as an employed solicitor and progressed to the position of salaried partner.

Karen is without doubt the best employee I have ever had. Her work ethic is second to none. Her ability to organise large volumes of material from multiple clients was simply invaluable during the Royal Commission.

Throughout the period she has been employed by me she has demonstrated resourcefulness and dedication to the task at hand, together with the highest levels of honesty and integrity.

I have no hesitation in recommending her for any legal position without reservation.

Yours sincerely,

Mark Farrell”

2007 to 2013:

Practice as Special Counsel and Partner at 2 Sydney mid-tier firms, McCabe Terrill and Hicksons, involving:

  • preparation of successful written tenders for appointment to the legal panels of the NSW Ministry for Health and the NSW Police Force
  • medical defence litigation (representing individual doctors, public and private hospitals and insurers)
  • other professional and government liability defence litigation
  • workplace relations in government organisations
  • representation at Coronial Inquests
  • representation of healthcare providers in Medicare investigations

2005 to 2012:

Independent work by Ministerial appointment as a Board member to the NSW and national registered healthcare provider regulatory authorities (AHPRA), including:

  • policy formulation
  • interpretation of legislation,
  • regulation of disciplinary complaints and registration standards in areas such as conduct, advertising, accreditation, recency of practice, and mandatory notifications

2006 to 2007:

  • work for an enterprise risk management consultancy firm, delivering a major risk management and benchmarking project to client medical evacuation organisations in Northern America
  • industrial advocacy before the Transport Appeals Board and workplace conduct management for RailCorp NSW

1995 to 2005:

Practice mainly in plaintiff medical negligence law at 2 boutique Sydney firms, McCourt Charlton and as a Partner at McLaughlin & Riordan:

  • plaintiff medical negligence litigation, with specialist expertise in catastrophic injury claims
  • representation in health care disciplinary complaints process
  • representation of families in Coronial Inquests
  • foundation of the health law practice at McLaughlin & Riordan in 2000, without recourse to media advertising


View Testimonial from former client, 2007 →

Karen obtained her Bronze Medallion award in 1999, patrolled the beach for 10 years and is a 25-year member of the North Bondi Surf Life Saving Club.

She has served on the Club’s Board of Management for approximately 15 years in various capacities, including as Honorary Head of Administration, Trustee, and Honorary Legal Officer.

Legal & administrative issues that the Club is required to contend with in its day-to-day operations are wide-ranging and include:

  • corporate governance issues
  • drafting and advising on commercial contracts (eg with service providers and sponsors)
  • management of service providers and commercial disputes
  • management of disciplinary issues, complaints and grievances including at Tribunal level
  • knowledge & implementation of SLSA policies, eg Member Protection
  • implementation of the Club’s Constitution
  • employee and independent subcontractor issues
  • public and professional liability (eg with respect to Lifesaving activities and event management)
  • occupational health and safety
  • working with children and child protection obligations
  • intellectual property (eg with respect to Club name, logos, fundraising events, merchandise, etc)
  • liquor licensing and functions management

Karen has also been an appointee to the Surf Life Saving Sydney NSW honorary mediator panel, since 2022.

  • 1995: Bachelor of Arts and Laws, University of Tasmania & University of NSW
  • 1996: Admitted to practise as a solicitor NSW
  • 2001: Admitted to practise before the High Court of Australia
  • 2004: Unrestricted practising certificate NSW
  • 1995 – 2005: Plaintiff medical negligence
  • 2006: Workplace prosecutions & industrial advocacy
  • 2006 – 2013: Defendant government & professional liability
  • 2013 – 2016: Home Insulation Program Royal Commission, Cth Compensation Scheme & Cth class action
  • 2016 to present: Exclusive mediations practice

2016 to present

Being a Mediator – drawing on a career of lessons learned, relationships forged, genuine interest & desire to understand more about every matter, and striving to bring my best self to every matter so that all participants may feel a genuine emotional acceptance or even a sense of gratitude and satisfaction with the process and the outcome.

And receiving unsolicited feedback from various participants afterwards (as exampled on my Testimonials page), is an added validation that my approach has been what’s needed.

2013 to 2016

Representation of 73 insulation industry client businesses before the 2014 Royal Commission into the Home Insulation Program.

High level government consultation in 2015 regarding the implementation of the HIP Royal Commission’s recommendations and management of a class action in its investigation stages in 2016.

2006 to 2013

Representation of numerous commercial insurers re professional liability and also NSW government agencies re service delivery, including health, education, police & roads.

The shift from plaintiff to defendant representation provided me with the balance that I was looking for as a legal practitioner. As well as an understanding of insurance imperatives and large-scale service providers, I was reassured by the familiar territory I found in the fact that every participant to a litigated claim, feels genuinely assisted by a lawyer who listens and attempts to understand.

This is exampled by an email I received from a client surgeon regarding the defence of a medical negligence claim, at 9.40pm in 2013:

“….I’m sorry about the late e-mail, it has been a long day in the OR. I’m very grateful to have the job that I do as I get instantaneous feedback – a well patient at the end of a long operation, the gratitude of their loved ones and often the chance to help very anxious people through a difficult period in their life. I hope that you realise that you are doing something very similar for me – I’m extremely grateful”.

2009 to 2012

Ministerial appointment as an inaugural board member to AHPRA (Australian Health Practitioner Regulation Agency), involving the transition from the state-based to national registration scheme for registered healthcare practitioners.

2006

I stepped away from Plaintiff law in 2006 and sought to practice in the area of risk management – preventing catastrophes rather than dealing with the aftermath.

I had a contract role in an aviation risk management company, working on a project which involved the experience of flying in medical evacuation helicopters in Canada and the USA. The core work was to interview the medivac executives and staff for assessment and reporting on and benchmarking enterprise risk management and safety culture.

What I learned was the power of a listening ear. The wealth of frank and detailed information that an interviewee will disclose to you when a supportive environment is created and they feel heard, is a powerful and constructive thing indeed.

2005

Representation of the Anderson Family, in relation to a mother of 3 from Western NSW who died 1 month after the birth of her third child from septicaemia & brain damage resulting from an undiagnosed epidural abscess. This case was notable for a number of reasons:

  • Ms Anderson had sought treatment from the full spectrum of healthcare providers: birth under the care of a private specialist in a Sydney private hospital, and post-natal care by a country GP, and in a country public hospital;
  • Death from such a condition and in this way simply should not occur in terms of Australia’s high standards of healthcare;
  • The lengthy Coronial Inquest was followed immediately by protracted legal proceedings involving numerous defendants, the need for the use of overseas experts and the matter only settling 6 weeks ahead of the hearing date;
  • The absolute tragedy of the case and the wonderful bonds of this nuclear and extended family – was reported on skillfully and faithfully by the ABC’s 7.30 Report and later again by Australian Story, with the family bestowing on me, the honour of presenting the introduction. This family became my friends.

View client testimonial →

2000

Establishment of a successful Plaintiff health law practice at Sydney firm McLaughlin & Riordan in 2000, without recourse to media advertising.

This came through referrals which I sought and which came over time with the necessary frequency to establish an ongoing cashflow – crucial to the success of any business. Careful screening and selection of matters, diligent investigation and solid preparation meant that matters could be resolved cost effectively but could still be run to trial if necessary.

Earning a relationship of trust with your client from the outset, good communication and careful management of expectations, were and always are: key.

1996-2000

What I loved about working as a medical negligence lawyer for plaintiffs is that I was helping my clients, who were injured, vulnerable, fearful of the future and fearful of the legal process but had no other choice but to take it on: I was helping them to safeguard their future as best they could. It’s an a honour and a privilege to be able to do that.

Witnessing and trying to assist the lived experience of parents of children born with cerebral palsy, taught me some invaluable lessons for what we commonly term as “trauma informed practice” today.

Two particular families will be forever remembered in terms of the way that they made ME feel:

  • The mother of a cerebral palsy child, who I formed a close bond with over the 3 or so years that it took to get to mediation. The first mediation didn’t result in a settlement because we felt that the money on offer didn’t properly reflect what the case was worth. A second mediation occurred while I was overseas in London (conferring with experts in other cases). At the second mediation, the defence’s offer was for the right amount and in fact it was for what my Senior Counsel later told me was a record at that time. The mother wouldn’t settle without speaking to me. It was the mid 1990’s and had to go to a pay phone and make a call to Sydney to reassure her about the current offer and that it was now ok to accept it. Having our SC and the Partner in the room with her wasn’t enough to settle her claim – she needed to speak with me. That was very humbling.
  • In another cerebral palsy claim, after the settlement (again via mediation), I received a beautiful bunch of flowers with a card from the little boy that said: “Dear Karen thank you for making my world a better place.”

2013 to 2016:

Practice as a Partner at Sydney CBD boutique firm McLaughlin & Riordan, managing a major commercial / government liability project including:

  • representation of 73 interested insulation industry businesses before the 2014 Royal Commission into the former Rudd Government’s Home Insulation Program (HIP)
  • lobbying and conferring with the federal government regarding the implementation of the Royal Commissioner’s recommendations for compensation to the insulation industry
  • securing of litigation funding for the investigation of and sign-up to a commercial class action against the Commonwealth in respect of the HIP
  • provision of advice and representation to approximately 150 insulation industry businesses throughout this period

Reference by former firm Partner (for panel mediator role), 2020:

“TO WHOM IT MAY CONCERN

I was a partner in McLaughlin and Riordan Solicitors from 1996 until 2018. I am currently a consultant to that Firm.

I worked with Karen Stott for two periods during that time, firstly in the early 2000’s when she was employed by the Firm as a medical negligence and personal injuries solicitor, but more particularly from 2013 until 2016 when we worked together on the Home Insulation Program Royal Commission, and its aftermath, representing the insulation industry.

Karen started as an employed solicitor and progressed to the position of salaried partner.

Karen is without doubt the best employee I have ever had. Her work ethic is second to none. Her ability to organise large volumes of material from multiple clients was simply invaluable during the Royal Commission.

Throughout the period she has been employed by me she has demonstrated resourcefulness and dedication to the task at hand, together with the highest levels of honesty and integrity.

I have no hesitation in recommending her for any legal position without reservation.

Yours sincerely,

Mark Farrell”

2007 to 2013:

Practice as Special Counsel and Partner at 2 Sydney mid-tier firms, McCabe Terrill and Hicksons, involving:

  • preparation of successful written tenders for appointment to the legal panels of the NSW Ministry for Health and the NSW Police Force
  • medical defence litigation (representing individual doctors, public and private hospitals and insurers)
  • other professional and government liability defence litigation
  • workplace relations in government organisations
  • representation at Coronial Inquests
  • representation of healthcare providers in Medicare investigations

2005 to 2012:

Independent work by Ministerial appointment as a Board member to the NSW and national registered healthcare provider regulatory authorities (AHPRA), including:

  • policy formulation
  • interpretation of legislation,
  • regulation of disciplinary complaints and registration standards in areas such as conduct, advertising, accreditation, recency of practice, and mandatory notifications

2006 to 2007:

  • work for an enterprise risk management consultancy firm, delivering a major risk management and benchmarking project to client medical evacuation organisations in Northern America
  • industrial advocacy before the Transport Appeals Board and workplace conduct management for RailCorp NSW

1995 to 2005:

Practice mainly in plaintiff medical negligence law at 2 boutique Sydney firms, McCourt Charlton and as a Partner at McLaughlin & Riordan:

  • plaintiff medical negligence litigation, with specialist expertise in catastrophic injury claims
  • representation in health care disciplinary complaints process
  • representation of families in Coronial Inquests
  • foundation of the health law practice at McLaughlin & Riordan in 2000, without recourse to media advertising


View Testimonial from former client, 2007 →

Karen obtained her Bronze Medallion award in 1999, patrolled the beach for 10 years and is a 25-year member of the North Bondi Surf Life Saving Club.

She has served on the Club’s Board of Management for approximately 15 years in various capacities, including as Honorary Head of Administration, Trustee, and Honorary Legal Officer.

Legal & administrative issues that the Club is required to contend with in its day-to-day operations are wide-ranging and include:

  • corporate governance issues
  • drafting and advising on commercial contracts (eg with service providers and sponsors)
  • management of service providers and commercial disputes
  • management of disciplinary issues, complaints and grievances including at Tribunal level
  • knowledge & implementation of SLSA policies, eg Member Protection
  • implementation of the Club’s Constitution
  • employee and independent subcontractor issues
  • public and professional liability (eg with respect to Lifesaving activities and event management)
  • occupational health and safety
  • working with children and child protection obligations
  • intellectual property (eg with respect to Club name, logos, fundraising events, merchandise, etc)
  • liquor licensing and functions management

Karen has also been an appointee to the Surf Life Saving Sydney NSW honorary mediator panel, since 2022.