As civil courts in Australia continue to be kept very busy, more and more cases are being referred to mediation to settle disputes. If you find yourself in such a situation where mediation is being recommended, read on to learn what its all about.
Mediation is the process where a completely neutral third party, called the mediator, is called in to resolve a dispute between two parties to negotiate an agreement. An agreement which is mutually acceptable to both parties. Its the parties here, instead of the court system which will determine the final outcome.
During the “mediation” the mediator will facilitate communication & assist all parties to identify their clear needs & interests. Mediators are experienced with having mediated many disputes before so they engage a range of techniques and skills to work towards a satisfactory outcome for both parties.
Mediators are used for legal cases both big and small. Mediation can be applied to all types of legal matters in Australia. Most common are disputes between individuals including family and other types of civil cases. Corporations disputing with other corporations can also go down the mediation option as well. It really depends on the nature of each case as to whether it may be suitable to engage a mediator or not. In some instances, mediation may not be at all relevant, or appropriate, with only litigation the only way to go.
Should I Choose Mediation?
Mediation certainly gives you much more control over the way your dispute is dealt with, provided the other party is happy to pursue an outcome via mediation also. The benefits of mediation are that is more affordable and costs less than litigation. Its set within an informal setting rather than a very formal court room. Finally it’s effective, with the Australian Mediation association claiming 85% of initiated disputes are settled with mediation.
There are experienced firms who have dealt with mediation in the past on a range of legal issues here on LawSeeker. You can find one in your local area to find a mediation lawyer.