Would you prefer a less formal process that still enables you to move forward? In such situations, we suggest considering mediation, which is often used in the areas of family law and estate disputes to help the parties negotiate an outcome without the stress and cost of going to Court.
It allows those involved to sort out a dispute with the assistance of a trained Mediator who helps facilitate the negotiations. Mediators are trained independent third parties who help you to work towards a solution, rather than to take sides or determine ‘who is right’. We have years of experience helping our clients with mediation, which is almost always a quicker way to resolve your dispute compared to litigation.
Going to Court is a costly and often stressful exercise and. Litigation through the Courts is rarely a satisfying experience or ‘a win’. When you go to Court, the Judge has the final say over what happens, and it is very rare to walk away with absolutely everything you wanted.
When you go to mediation, the power remains in your hands and you can negotiate with a focus on the aspects of your settlement that matter
most to you.
Mediation is especially useful for separating parents who want to negotiate an outcome that is in the best interest of their children. Allowing your children to get caught up in your emotional adult clashes may have a serious long-term emotional impact on their lives. If both parties are genuinely willing and able to negotiate a resolution, then mediation may work for you.
Mediation is also generally employed when a party is contesting a Will.
Prior to mediation each party will have a confidential discussion with the mediator to let them know what’s important to them and what they are hoping to achieve. This may be in person or over the phone. After this, both parties will attend the mediation and 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 ways to talk about and resolve your disputes. As a result, the parties create and agree upon an outcome.
Successful mediation meets each party’s needs, 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. The Mediator can relay information, requests and proposals between the parties as you seek to reach a resolution (this is known as a shuttle mediation). You may also have your lawyer present to protect your interests and legal rights.
Mediation is not for everyone and does not suit every situation. Remember it is voluntary and relies on the parties agreeing to
Talk to Nik Koolik, an experienced Mediator, about the process and your circumstances. Nik will guide you to the best decision for you.