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How often do matters settle outside of court at mediation?
Mediation is a crucial tool in resolving disputes outside of court, saving time and legal fees. Get in touch to schedule a consultation with our experienced solicitors.
Benefits of Mediation
Mediation is an extremely useful tool in the Court process and has a very good chance of resolving the dispute quickly and without incurring significant legal fees. This is why the Federal Circuit and Family Court of Australia insist that unless there is an urgent issue that parties attempt Mediation before going to Court.The success of Mediation is also why even if you have tried Mediation before going to Court that you will be ordered to attempt a further private Mediation or a Conciliation Conference before heading towards a Final Hearing. It is a last ditch attempt to settle before the parties who are legally represented incur considerable legal fees and for all parties whether represented or not to avoid the stress and trauma of giving evidence under cross examination at the Final Hearing.
Mediation is an extremely useful tool in the Court process and has a very good chance of resolving the dispute quickly and without incurring significant legal fees. This is why the Federal Circuit and Family Court of Australia insist that unless there is an urgent issue that parties attempt Mediation before going to Court.The success of Mediation is also why even if you have tried Mediation before going to Court that you will be ordered to attempt a further private Mediation or a Conciliation Conference before heading towards a Final Hearing. It is a last ditch attempt to settle before the parties who are legally represented incur considerable legal fees and for all parties whether represented or not to avoid the stress and trauma of giving evidence under cross examination at the Final Hearing.
How does Mediation Occur?
Mediators are independent third parties whose role is to help the parties work through the issues in dispute and find a middle ground everyone can live with to move on with their lives. The Mediation can occur by shuttle and often by video conferencing now which means that parties do not have to come across one another and have an opportunity to have their say.
Mediators are independent third parties whose role is to help the parties work through the issues in dispute and find a middle ground everyone can live with to move on with their lives. The Mediation can occur by shuttle and often by video conferencing now which means that parties do not have to come across one another and have an opportunity to have their say.
Which matters go to Mediation?
The Court used to insist that only parenting matters mediate before going to Court but since 2021 property matters have also had to attempt Mediation and we would say that this has had a significant impact on the amount of matters which have had to go to Court in the first place. We also find that even where a client does go to Court, attempting Mediation in the Court process often results in a resolution so we do not have many matters which actually go to a Final Hearing. This saves those clients a lot of time, money and energy which they can dedicate to their families and future.
The Court used to insist that only parenting matters mediate before going to Court but since 2021 property matters have also had to attempt Mediation and we would say that this has had a significant impact on the amount of matters which have had to go to Court in the first place. We also find that even where a client does go to Court, attempting Mediation in the Court process often results in a resolution so we do not have many matters which actually go to a Final Hearing. This saves those clients a lot of time, money and energy which they can dedicate to their families and future.
If you have a dispute that you are considering taking to Court, we highly recommend considering Mediation first. It can save you time, money, and stress in the long run. Contact us today to see if Mediation is the right option for your situation.
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Principal Solicitor, Nationally Accredited Mediator, Family Law
Evgeny Vasilyev