What is mediation?

The Mediation Timeline: what are the steps in mediation?
July 19, 2018
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Did you know that as little as 2% of legal disputes that commence actually end up in court? Most are settled before court and mediation is one of the most effective ways to do that. In fact, in 2016 one in every two matters sent to mediation by the NSW Supreme Court was settled.

What is mediation?

The Federal Court of Australia describes mediation as: ‘a structured negotiation process in which an independent person assists the parties to identify and assess options and negotiate an agreement to resolve their dispute.’

But what does it mean for you?

Ultimately, mediation is an alternative way to finding a quick and cost-effective solution to what could otherwise be a long, difficult and expensive court battle

You may think, why mediate when I can resolve this dispute myself?

When you’re in the middle of a heated disagreement, more often than not, you can lose sight of the end game. You’re invested and emotionally attached.

The beauty of mediation is that while it’s still an informal environment there is an independent neutral third party whose entire aim is to help all parties find an agreeable outcome to the dispute which the parties can live with.

 How is this different to hiring a lawyer?

While a lawyer is useful in helping you win a fight, the purpose of a mediator is to diffuse the tension and avoid battling all together.

A lawyer is acting for you and advocating for you only.

A mediator helps everyone reach an agreement.

 Mediation versus Litigation

As you can imagine, the entire style and setting that parties meet in is completely different.

At court, strict processes will then dictate a dialogue between your lawyers, the other side’s lawyers and the judge.

In the confines of the court, you will rarely (if at all) have an opportunity to speak for yourself or speak openly to the other party.

In stark contrast, mediation offers parties a chance to sit down at a table together to discuss issues and misunderstandings to reach an agreement in a way that would never be possible in a court battle.

The significant advantages of mediation

If it isn’t already apparent, there are significant advantages to choosing mediation over a lawsuit. These include time, cost, stress-relief, confidentiality, flexibility and satisfaction.

If you’re ready to get started or want to find out more, you can reach The Accord Group at +61 2 9264 9506 or info@accordgroup.com.au.

 

Summary

  1. Mediation is an alternative process to resolve legal disputes

  2. A mediator is a neutral third party whose purpose is to help parties reach a resolution

  3. While a lawyer tries to win a fight for you, a mediator tries to avoid the fight all together

  4. Mediation gives you a chance to sit down with the other party together

  5. There are significant advantages to choosing mediation over litigation

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