Mediation helps both parties to negotiate an outcome without having the stress and cost of going to Court. Mediation allows those involved to sort out a dispute with the assistance of a trained Mediator who will help facilitate the negotiations and work towards a solution. Mediation is almost always a quicker way to resolve your dispute compared to litigation.
Going to Court is a costly and often stressful exercise. The delay puts your life on hold. It emotionally tests relationships at home, with friends and at work. Litigation through the Courts is rarely a satisfying experience. It is more often soul destroying and has long-term personal and financial consequences.
Would you prefer a less formal process that allows you to move forward? Mediation is often used in the areas of family law and estate disputes. It’s especially useful for separating parents who want to negotiate an outcome that is in the best interest of the children. Allowing your children to get caught up in your clashes may have serious long-term emotional impact on their lives.
Our experience shows that agreements reached out of Court between parties work far better in the long-term for the children and the parties rather than if a Judge makes the final Orders in Court.
Mediation is generally employed when a party is contesting a Will.
All relevant parties attend a mediation where they can work towards a resolution for the claim being made. The mediator will encourage each of you to talk through the issues. Importantly, the mediator is neutral, not a Judge. They don’t give advice or make decisions. Their role is to help each of you to find new ways to talk about and resolve the dispute. As a result, the parties create and agree upon an outcome. Successful mediation meets each parties needs and addresses their concerns and leads to a mutual decision. If you wish to mediate but do not feel comfortable in the same room as the other party/parties, the good news is you don’t need to be in the same room to mediate. The Mediator will help by relaying information, requests and proposals between the parties in an attempt to reach a resolution. You may also have your lawyer present to ensure your legal rights are maintained.
Mediation is not for everyone and does not suit every situation. Remember it is voluntary and relies on the parties agreeing to participate.
Talk to Nik Koolik, an experienced Mediator, about the process and your circumstances. Nik will guide you to the best decision for you.