Mediation & Dispute Resolution
What is mediation?
Mediation is an alternate dispute resolution mechanism. It is a negotiation process in which an independent person, mediator, assists the parties to identify issues and assess options and negotiate an agreement so their dispute is resolved. Instead of going to Court where litigation is uncertain, a dispute resolution can be an effective mechanism if the parties are willing to participate in it.
When I can use mediation?
In all disputes, with little exceptions, regardless of their complexity or number of parties, can be referred to mediation.
Some factors about your dispute may indicate that it is particularly suited to mediation, such as:
- A Willingness to Participate In Mediation;
- The Possibility That A Judge’s Decision Will Not End the Dispute;
- Maintaining parties Relationship whether in commercial or personal contexts.
Mediation offers many benefits over “going to court”, including:
- Time efficient comparable to litigation in Court.
- Cost efficient comparable to lengthy litigations.
- Flexibility and being able to control outcome.
- Less stress and less formality than the intimidating Courts environment.
- Mediation is generally Private
Dispute Resolution in Family Law Context:
If Mediation Is Suitable and All Parties are willing, Mediation will be arranged between All Parties. Mediation Sittings Are Generally Booked In 3 Hour Blocks. If issues are completely resolved then parties can book another mediation session.
If a party refuse to attempt mediation then, a Section 60I Certificate will be issued. The Section 601 Certificate will generally state the reasons, and Allows Either Party To Pursue Their Legal Options Including, Filing Court Documents.
If Parties made genuine effort to resolve the dispute but Fail, then a Section 60I Certificate will be issued and the parties can pursue litigation through the Court for a determination.