Did you know that more than 97% of legal proceedings are resolved out of Court?*
The main reason for this statistic is the success of settlement negotiations before trial.
Settlement negotiations can occur privately, or with the assistance of a mediator.
Courts almost always require the parties to undertake mediation before a matter is listed for trial.
Mediation is a facilitative process where an independent third party (the mediator) assists the parties to negotiate a resolution to a dispute.
The mediator does not advise the parties, or make any decision on the dispute – it is entirely up to the parties to negotiate their own resolution, with the assistance of the mediator.
Compared to the Court process mediation is less expensive, less formal, quicker and less stressful.
Unlike Court, mediation is a confidential process which benefits parties who want to keep their dispute private.
Mediation also tends to preserve and improve commercial relationships, as compared to litigation – which tends to destroy them.
However mediation is only suitable as a method of dispute resolution where the parties are prepared to voluntarily engage in the process in good faith, with a view to resolving the dispute.
Mediation can be undertaken by the parties before commencing legal proceedings, or it can be undertaken during litigation to try to resolve the matter without going to trial in Court.
I can act as a fixed fee mediator, or represent you in any Court-sponsored, or private mediation.
Call or text me today on 0422 406 929 for a FREE consultation and quotation, or email firstname.lastname@example.org.
Barrister & Solicitor
* Honourable Wayne Martin AC, Chief Justice of Western Australia, “Managing Change in the Justice System”, 18th AIJA Oration, 2012, page 6