FAQs
How does Mediation
allow me to create an outcome even if my lawyer
says I have a good case?
Your lawyer may be right but litigation is bedevilled
by uncertainties such as:
- The state of the law
- How the law will be interpreted, or in other
words, the Judge appointed to hear your case
- The reliability of witnesses
- The quality of legal representation
- The time (sometimes years) to obtain a decision
- The cost (both financially and emotionally)
to you
Will anything I say in mediation be used against
me?
You have the freedom to discuss any aspect of
your dispute with the other party and the mediator
as what you say is confidential. We will need you
to sign a confidentiality agreement.
That means that as far as the law allows what
you say cannot be disclosed to others outside the
mediation.
If you wish to say anything in confidence to the
mediator without the other party knowing the mediator
will be bound to keep what you say confidential
unless you tell him/her otherwise.
Will I be given advice about my case?
No. The mediator cannot give legal advice (even
if s/he is a lawyer). However the mediator can
assist you in identifying the relevant issues of
the dispute.
Can I seek legal advice?
Yes. It is sometimes of assistance to the mediator.
It is not unusual for parties to have their lawyer
attend the mediation.
How much will it cost?
The cost of the mediation will be shared equally
between the parties.
The cost is calculated on a 6 hour day at a daily
rate of $1,650 (ex GST) based upon $275
per hour (ex GST). If the mediation exceeds
1 day then an hourly rate of $275 applies.
When will my case be settled?
When the agreement is in writing and signed by
all parties and, if appropriate, lodged at Court.
The use of lawyers for this task is of great assistance
and is to be encouraged.
How does Mediation
save me time and money?
The cost of mediation is but a fraction of the
cost of litigation.
Multi party disputes result in each party sharing
equally the cost of the mediation. However these
types of cases are very costly to litigate.
Instead of taking years to reach a trial a successful
mediation can be reached in weeks or months.
A settlement avoids the prospect of an appeal
after the trial.
How does Mediation
reduce the emotional cost of being in conflict?
- You have the opportunity to be heard well before
trial
- You have the chance to rid yourself of negative
emotions which are often the driving force behind
litigation.
- You can avoid the paralysing effect of an
unwanted interference with your plans for business
and your plans for life.
- You can limit the emotional impact of litigation
How can I control
the process?
Mediation is a decision making process which assists
you in reaching an agreement.
Unlike litigation you achieve finality with the
certainty of an outcome of your own making.
No extensive learning
curve
A mediator experienced in
the particular area of law governing the dispute
can assist the parties even though the complex
process of document discovery has not been completed.
An effective mediator can
give insights regarding the strengths and weaknesses
of each party’s case.
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