Mediation

What is mediation?

Mediation is a less formal way of resolving any type of dispute whether it be family law, any type of dispute, an estate or commercial matter.  Negotiations are facilitated with the assistance of a trained mediator who is impartial and focused on assisting the parties to reach a solution. 

Mediation can be conducted in the following ways, depending on the needs of the parties:

  1. Face to Face Mediation - With the parties and their solicitors in the same room – although we may not recommend this is certain circumstances

  2. Shuttle Mediation – With the parties and their solicitors in separate rooms – this can be at the same venue but in separate rooms, or by phone or web conferencing.  A shuttle mediation means the parties do not have to have any direct contact with each other

  3. You may have a mediation without either party having a legal representative, although it is recommended that parties obtain legal advice in respect of their rights, entitlements and options prior to mediation, to increase the chance of the mediation being successful.

Why is mediation usually a better option than going to Court (litigation)?

We have many years experiences assisting our clients with mediation and find that it is a very successful method of resolving a matter on a final basis.  It is also usually a more cost effective way to resolve most matter than to proceed to Court.  This is because matters litigated in Court can be expensive, and can take months or years to finalise.

In family law matters, there is also a requirement under the legislation that parties must, except in some limited circumstances, attempt to resolve their matter via family dispute resolution prior to filing an Application in  to Court. 

If you go to Court, the Judge has the final say, which is not always ideal.  It is usually a better outcome if parties can negotiate an outcome over which they both have some level of control.

What is the first step? 

Nicole Cullen of our office is a qualified Family Dispute Resolution Provider and Mediator and is able to assist parties in any type of dispute, whether it be in family law or a commercial dispute.   Nicole is able to represent you as a party to a mediation, or can be appointed by both parties as a mediator.