What is Mediation?
Mediation is a process in which a neutral third-party mediator helps the parties involved in a dispute come to a mutually agreed-upon solution to their dispute or issue. The mediator’s job is not to take sides or make decisions on behalf of one party or another. Instead, they facilitate communication and negotiation between the parties, helping them to identify their interests and find common ground and reach a solution to their dispute or issue.
Why is Mediation effective at resolving disputes?
When it comes to resolving legal disputes, many people instinctively assume that the only option available to them is to take their case through the court system. However, there is another option that is often preferable in many situations: mediation.
The Benefits of Mediation
While going to court may seem like the most obvious and straightforward way to resolve a legal dispute, there are many benefits to choosing mediation instead. Here are just a few:
Mediation is faster
Going to court can take months or even years, depending on the complexity of the case and type of matter. Mediation, on the other hand, can typically be completed in just one or two sessions, saving significant time and expense.
Mediation is more cost-effective
Because mediation is typically faster than going to court, it is also usually less expensive. Additionally, many courts are now requiring that parties attempt to mediate their disputes before they can proceed to trial, meaning that even if you end up going to court, you will likely need to pay for mediation anyway.
Mediation is more collaborative
In mediation, the parties work together to come up with a solution that works for everyone involved. This is in contrast to going to court, where the focus is on winning or losing. By collaborating, the parties can often come up with a more creative and satisfactory solution than a judge could provide.
Mediation is less adversarial
Going to court can be a stressful and confrontational experience. By contrast, mediation is generally a more relaxed and informal process. Because the focus is on finding a mutually satisfactory solution, the parties are often able to leave the process feeling more positive about their experience.
While going to court may seem like the most obvious choice when it comes to resolving legal disputes, mediation is often a much more effective and beneficial option. From cost savings to a faster resolution to a more collaborative and less adversarial process, there are many reasons to consider mediation. If you are involved in a legal dispute, it is worth exploring the possibility of mediation before automatically heading to court.
Next Steps
If you think mediation might be for you – get in touch with our nationally accredited mediator today. Klein Legal offer mediation services to assist you in resolving your dispute.
This is general information only and does not constitute legal advice.
If you or someone you know would like more information or require advice about anything raised in this article, please contact us on (07) 5458 6855 or email mklein@kleinlegal.com.au.
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