Why Choose Mediation Instead of Litigation?
You reduce the emotional cost of being in dispute Preserving relationships Mediation may allow you to preserve your relationship with the other party to the dispute in a way which would not be possible if your dispute was litigated in court. 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 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. Confidentiality - 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. All parties will need to agree to a confidentiality clause as part of our Mediation 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. 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:
Mediation allows creativity by enabling you to devise solutions which may be "outside of the square". For example, a builder who is seeking money under contract whilst facing a significant defects claim, may agree to purchase the home from the owner. Will I be given advice about my case? We cannot give legal advice even though we are lawyers. However we can assist you in identifying the relevant issues of the dispute so that you can seek advice. Can I seek legal advice? Yes. It may be of assistance to you. It is not unusual for parties to have access to their lawyer during the mediation. How much will it cost? The cost of the mediation will be shared equally
between the parties. If your dispute is unusually complex we will discuss with you an appropriate preparation fee. 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. Quotes on Mediation“Mediation is a decision making process in which the parties are assisted by a third party, the mediator, who attempts to improve the process of decision making and to assist the parties reach an outcome to which all can assent”. Laurence Boulle, Mediation, Principles, Process, Practice (1996) “Discourage litigation. Persuade your neighbours to compromise whenever you can. Point out to them how the nominal winner is often the real loser – in fees, and expenses, and waste of time”. Abraham Lincoln, Notes on the practice of law (1850) “It can be quicker, cheaper, more available, more confidential and be in the hands of the parties”. “Many lawyers were quick to build up the barriers, put the fortress up, fight the case, rather than attempt mediation. Michael Kirby (former
High Court Judge) |
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How
does Mediation reduce the emotional cost of being
in conflict?