Australia has a “mediate first” approach to dispute resolution
Government policy and legislative changes have positioned court as the last resort to resolve disputes.
Courts in many jurisdictions expect parties to participate in dispute resolution and make a genuine attempt to resolve their issues before court proceedings commence and continue to do so during trial.
While not all matters before the courts can be referred for mediation, or dispute resolution, many can and are being referred.
In Australia’s Family Law Court, 57 per cent of total court-based dispute resolution conferences on financial and parenting matters were ultimately resolved in 2022-23.
Similarly, in general Federal Court proceedings, 59 per cent of matters referred to mediation were resolved in full or part.
The Federal Circuit and Family Court of Australia has publicly recognised and stated that: “It is anticipated that, over time, the Courts’ renewed focus on the importance of dispute resolution will result in shifting the mindset of parties and family law professionals to a preparedness to maximise the opportunities that early and safe dispute resolution offers.”
In light of this policy and operational shift, it would therefore be wise for any parties in dispute to consider mediation well before launching legal action in the courts.
It could save everyone a lot of heartache, time and money .
Centric Mediation offers flexible after-hours mediation services to help family members and business owners work towards resolving their disputes as quickly as possible, with a minimum of stress.
Ready to mediate a matter? Book using our online calendar below. If you need more information or have any questions, please contact Centric Mediation via phone, email or by submitting a query through our Contact Us page.