Six reasons why even the courts recommend mediation over a trial
You only need to put “mediation” and “Australia” into an internet news search to learn that mediation is a fixture of even the highest profile legal cases.
The beauty of mediation is that it can occur at any time in the lifecycle of a dispute - from the earliest days when a disagreement erupts, before court proceedings begin, and in some instances, even when a case is before the courts.
From a taxpayer standpoint, mediation is more cost-effective and efficient than taking a contested matter through the court system. In family law matters, the parties are required to attend dispute resolution even before they step into court.
The Federal Circuit and Family Court of Australia says “mediation offers many benefits over a trial by a judge”.
The court identifies six key benefits:
Time: faster resolution of disputes.
Cost: lower cost than going to trial.
Flexibility: mediation can be tailored to the needs of the parties, including where and how it is conducted.
Less stress: the thought of setting foot inside a courtroom can send stress levels sky rocketing. Mediation is less formal and more responsive.
Confidentiality: court is public. Mediation is private
Satisfaction: the mediation process puts the parties involved in the dispute in control and requires them to identify and agree on the solution.
Finality: the mater can be agreed, finalised, documented and lodged with the relevant court (if part of a court-ordered mediation). Private agreements can also be made legally binding.
The first threshold question in a mediation is: are both parties open to and willing to take part in the process?
Without this, a mediation cannot take place.
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.