Dispute Resolution
Author:
Rockliffs Solicitors and IP Lawyers
Publish Date: January 19, 2009
Mediation is a confidential conference, where all the participants attend to cooperate to resolve the dispute between them.
Mediation can be more ‘user-friendly’ than going to court and it has a proven success rate. It is informal and, if successful, provides a cheaper and quicker means of settling a dispute.
Statistics show that more than 90 per cent of cases are settled before they reach court. Mediation can enable settlement to occur even earlier. Early settlement reduces the stress inevitably involved in court proceedings, particularly where a party may have to give evidence. Early settlement also reduces legal and other costs such as those involved if parties have to take time off work or from business.
Mediation can help the relationship between parties to survive their dispute because it allows them to formulate their own mutually acceptable solutions.
Even if parties do not settle their dispute, they can clarify and narrow the issues at the mediation, thereby reducing the time and expense of a court hearing. At the very least, parties who have been through a mediation will have had an opportunity to discuss and clarify the disputed issues.
Mediation is suitable for all civil cases where the parties are committed to reaching settlement, including personal injury matters, multi-party commercial cases, contract cases, family law matters, disputes over wills, and debt recovery matters. Cases in which the parties want an early and amicable solution are particularly appropriate.
Your solicitor can advise you whether your case is suitable for mediation.
Reproduced with the permission of the Law Society of New South Wales.
For further information or assistance please contact Rockliffs on 02 9299 4912 or email us at lawyers@rockliffs.com.au