Mediation
What is mediation?
Mediation is a structured negotiation process where a qualified and neutral third party, called a mediator, helps people in a dispute identify issues, develop options, and reach a mutually acceptable agreement. Mediation gives the parties to a dispute much more control over the outcome rather than having a Court impose a decision. It's a confidential and informal alternative to going to court, offering a cost-effective way to resolve conflicts. Mediators are impartial, facilitate communication and help parties explore solutions, but are not there to give legal advice or force an outcome.
There are several different ways a mediation can be conducted at McKays Solicitors:
Face to Face Mediation. This occurs where the parties and their solicitors are in the same room.
Shuttle Mediation. This occurs where the parties are in separate rooms and do not come into contact with each other during the mediation.
Mediations can be conducted with legal representatives, or without. If you are choosing to do a mediation without a solicitor, it is recommended that you firstly obtain legal advice in respect of your rights and entitlements prior to mediation, to increase the chance of mediation being successful.
Each of the above forms of mediation can be conducted at our office where we have several boardrooms available, or by phone or web conferencing.
The advantages of mediation include that it is affordable (the costs are considerably less than litigation), efficient, informal, empowering and confidential.
Nicole Cullen, qualified Family Dispute Resolution Practitioner and Mediator is available to assist with any type of mediation. Nicole is also an experienced family law Solicitor.
Please contact our office to obtain more information such as availability and an estimate of fees.
Why is mediation usually a better option than going to Court (litigation)?
We have many years of experience assisting our clients with mediation and find that it is a very successful method of resolving a matter on a final basis. It is also usually a more cost effective way to resolve most matters than to proceed to Court. This is because matters litigated in Court can be expensive, and can take months or years to finalise.
In parenting disputes there is a requirement under the legislation that parties must, except in some limited circumstances, attempt to resolve their matter via family dispute resolution prior to filing a Court Application. Our mediator provides section 60I Certificates at the conclusion of mediation.
If you go to Court, the Judge has the final say, which is not always ideal. It is usually a better outcome if parties can negotiate an outcome over which they both have some level of control.
What is the first step?
Nicole Cullen of our office is a qualified Family Dispute Resolution Practitioner and Mediator and is able to assist parties in any type of dispute, whether it be in family law or a commercial dispute. Nicole is able to represent you as a party to a mediation, or can be appointed by both parties as a mediator.
