Mediation

Why mediate?

Mediation offers many benefits over a trial by a judge, including:

  • Time: ordinarily a dispute can be resolved more quickly through mediation than through a trial.

  • Cost: if a dispute can be resolved through mediation, the costs of preparing and running a trial can be avoided. Additionally, after a trial the unsuccessful party may be ordered to pay the legal costs of the successful party.

  • Flexibility: mediation offers parties more control over the outcome. A mediation process which is customised to your needs can be arranged with the mediator.

  • Stress: mediation is less formal and less intimidating than appearing in court.

  • Confidentiality: mediation is private. The judge is not informed of the contents of the mediation. It is also usually unable to be used against a party if the case goes to trial. (The Court recommends you discuss mediation confidentiality with your lawyer).

  • Satisfaction: because the parties decide and agree on the outcome of their dispute they are more likely to be satisfied with the result and to comply with what has been agreed.

  • Finality: settlement agreements can usually only be modified with the agreement of all parties.

 

 

 

 

 

 

 

 

 

 

 

 

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