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In most cases, an early resolution through mediation means that all parties save costs. Mediation also allows you to reach more flexible solutions in a non-threatening environment. It is free of legalistic language and can provide solutions that better suit each parties’ needs. An example of this could be that if your matter involved faulty work and a claim for monies to have the work corrected, possible outcomes may be:

• an agreed adjournment to enable work to be carried out by either or both parties to assist with the resolution of the matter. In the event that the work is performed to the satisfaction of parties, the parties may not have to attend at the next hearing with the matter then considered to be settled;
• binding agreements endorsed by a court that are enforceable in a court should either or both parties not comply with the agreement;
• agreement between parties for the payment of an amount of money by one of the parties in full and final satisfaction of the matter, with the payment of the sum of money being within a time frame agreed between the parties.
• Mediation allows for parties to reach agreed settlements with solutions of a wide and varied nature depending on the proceedings.

Speedier Resolution of Claims

Mediation is usually quick - helping you to get an early resolution before things get out of hand. At the very least, mediation should assist in defining the issues that need to be resolved should the matter proceed to the next step and eventually trial.

Greater Control of Outcome

You have more control over the process and outcome. This means that the agreement is more likely to be honoured.

Privacy and Confidentiality

The mediation is confidential and any agreement can also be kept confidential by agreement.

What happens after mediation?

Should mediation be successful, the result can be recorded in a number of ways:

• a judgment for a sum of money agreed upon by the parties;
• an agreement can be recorded;
• case adjourned while the parties carry out what they have agreed to do;
• case can be dismissed;
• a combination of the above alternatives.

Mediation has the following advantages:

Should you be interested in utilising mediation for your legal matter, then please complete your free legal enquiry form on the right, or click here.

Speedy

There can be little more damaging and socially destructive than protracted litigation - it terminates businesses, destroys marriages, and damages health. A mediation can be set up in a matter of weeks, if not days. It thereby avoids the many undesirable consequences of protracted litigation, and prevents the inevitable drain on costs and resources.

Parties retain control over the outcome

In litigation, parties relinquish control of their dispute: the lawyers and the Courts control the procedure, the level of disclosure, the evidence to be given, and the Judge has exclusive control of the outcome. In mediation the parties retain full control of the entirety of their dispute, allowing them to reject settlements with which they do not agree, and enabling them to reach more creative settlements or just ‘good enough’ settlements with which each party can readily live.

Informal

The mediation process is entirely informal, with no rules of law or procedure - other than confidentiality - and consequently parties find it considerably less stressful than going to court. Parties are unfettered in what they can say, and who they may bring to the mediation, and what documents they wish to produce or disclose.

Preserves relationships

Parties who end up in court, with a winner and a loser, will rarely be able to continue any commercial, contractual or other relationship. Mediation on the other hand, allows parties to reach settlements with which they are both content, thereby enabling them to continue with pre-existing business or other relationships.

Preserves privacy

Litigation often attracts unwanted publicity, with parties obliged to ‘wash their dirty linen in public’. Mediation is totally confidential with each party retaining complete control over whether and what matters can be revealed. Confidentiality clauses are also frequently included in settlement agreements.

Diminishes imbalances of power

Parties often feel overwhelmed when fighting large corporations - at mediation they are simply individuals around the table, and an effective mediator can protect parties against such power imbalances.

Therapeutic

It allows the parties their day in court more effectively than by going to court itself by allowing each person in dispute to be truly 'heard', to have their full and frank say to the mediator as well as to the other side in a 'safe' environment. It also facilitates apologies to be given or explanations made - which is often what parties really want.

Should you be interested in utilising mediation for your legal matter, then please complete your free legal enquiry form on the right, or click here.

Alternative dispute resolution (ADR)

Alternative dispute resolution (ADR) includes dispute resolution processes and techniques that act as a means for disagreeing parties to come to an agreement short of litigation. ADR basically is an alternative to a formal court hearing or litigation. It is a collective term for the ways that parties can settle disputes, with (or without) the help of a third party. ADR is ways and methods of resolving disputes outside the judicial process (formal litigation – court). ADR is more efficient and effective than the courts in providing justice.

ADR is generally classified into at least four types: negotiation, mediation, collaborative law, and arbitration. (Sometimes a fifth type, conciliation, is included as well, but for present purposes it can be regarded as a form of mediation.

Legislation
Australia
Commonwealth
Courts (Mediation and Arbitration) Act 1991
An Act relating to mediation and arbitration under the Family Law Act 1975 and the Federal Court of Australia Act 1976

Family Law Rules 2004
The main purpose of these Rules is to ensure that each case is resolved in a just and timely manner at a cost to the parties and the court that is reasonable in the circumstances of the case.

Australian Capital Territory
Leases (Commercial and Retail) Act 2001 (ACT)
The Leases (Commercial and retail) Act 2001 replaces the Tenancy Tribunal Act of 1994 and the Commercial and Retail Leases Code of Practice in regulating commercial and retail leases in the ACT.

Mediation Act (ACT) 1997
An Act which deals with mediation and the registration of mediators in the Australian Capital Territory

New South Wales
Community Justice Centres Act 1983 (NSW)
An Act which establishes Community Justice Centres that provide mediation services in connection with certain disputes.

Farm Debt Mediation Act 1994 (NSW)
An Act which makes provision for mediation concerning farm debts.

Legal Aid Commission Act 1979 (NSW)
An Act which constitutes the Legal Aid Commission of New South Wales and defines its functions.In Part 3A of the Act the Commission may arrange for a matter, or any aspect of a matter, to be dealt with by alternative dispute resolution if the Commission considers it ...

Queensland
Body Corporate and Community Management Act 1997 (QLD)
An Act providing for the establishment and administration of Community Titles schemes. Chapter 6 of the Act - Dispute Resolution establishes arrangements for resolving disputes in the context of the Community Titles schemes. The Act establishes the office of the Commissioner ...

Dispute Resolution Centres Act 1990 (QLD)
An Act which provides for the establishment and operation of dispute resolution centres in Queensland to provide mediation services in connection with certain disputes

South Australia
Supreme Court Act 1935 (SA)
This section of the Supreme Court Act (SA) sets out how parties to civil proceedings in South Australia may be referred to a mediator with or without their consent

Tasmania
Alternative Dispute Resolution Act 2001 (Tas.)
This Act provides for the mediation of disputes as an alternative to litigation in Tasmania.

Victoria
Commercial Arbitration Act 1984 (VIC)
An Act to make provision with respect to the arbitration of certain disputes in Victoria

Victorian Civil and Administrative Tribunal Act 1998 (VIC)
The purpose of this Act is to establish a Victorian Civil and Administrative Tribunal.

Western Australia
Sentencing Act 1995 (WA)
The Act consolidates and amends the law relating to the sentencing of offenders in Western Australia and in particular provides for the provision of mediation reports if a court considers it would be assisted in sentencing an offender by having such a report.

If you need legal advice regarding Mediation Services Law, then please complete your free legal enquiry form on the right, and we will put you in touch with a Mediation Services Law lawyer nearest you, who can help you with Mediation Services Law.

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Mediation Services Law & Lawyers Updates

International arbitration: reconsidering the hearing
Fri, 24 Apr 2020 05:49:59 +0000
International arbitration: reconsidering the hearing Bronwyn Lincoln, partner with Corrs Chambers Westgarth, asks: Is an arbitration hearing actually required? Her article moves beyond the question of how a hearing should proceed and encourages parties, their counsel and tribunals to instead ask whether a hearing is required – a particularly pertinent question during the COVID-19 pandemic. See the full text at: Is a hearing actually required?