At the outset of a legal dispute, most people turn their minds to litigation. The notion of justice is often perceived as synonymous with the court process and the final decision being determined by a Judge. However, there is a practical and legitimate alternative path to resolution where parties can come to an agreement without the intervention of the Court. Many of our clients who choose to mediate first often resolve their dispute before ever needing to go to Court.
What is mediation?
Mediation involves an independent third person assisting the parties to negotiate, communicate and explore settlement options. Generally, the mediator will listen to both parties and guide them towards a resolution through narrowing the issues in dispute and directing the conversation.
Mediation is available in most matters including family law, commercial law, employment law and wills and estates.
Benefits of mediation
There are a range of benefits of mediation, including:
- Costs – mediation is much cheaper than litigation. In Australia, going to Court can cost anywhere between $30,000 to $150,000, or more. A mediator generally charges a daily fee which can range anywhere from $2,000 to $6,000 per party.
- Time – it can take years for a matter to progress through the Court. Preparing for and attending mediation generally occurs over a few weeks.
- Flexible Settlement Options – at mediation, parties are free to negotiate and offer a range of creative settlement options which may be more appealing to the other party.
- Confidential – mediation is confidential and conducted without prejudice. This means that, in the event the dispute is not resolved at mediation, anything discussed or offered during the process cannot be used against you.
What if my matter doesn’t resolve at mediation?
According to Australian Mediation Association, over 85% of cases settle during the mediation process. With a success rate this high, there are often good prospects of reaching a settlement. If you do not resolve your matter at mediation, then you are generally no worse off. You will likely have a better understanding of the main issues in dispute and the other side’s position. Further, participation in mediation does not prevent you from initiating or continuing legal proceedings and in some cases, is a pre-action requirement before filing with the Court.
Sometimes, mediation may not be appropriate. Your solicitor will be able to consider your matter and advise you on its suitability for mediation.
If you are involved in a legal dispute, it is always worthwhile exploring and assessing alternative ways to resolve your dispute. At Cheney Suthers we want to achieve the best outcome for you while minimising the cost, stress and time involved in resolving a dispute.
If you have a matter you need assistance with, contact the team at Cheney Suthers today.