Mediation is a process where a neutral and independent person (a mediator) helps the parties in a dispute reach an agreement. The mediator may be appointed by a court or privately. Mediation is an alternative to the adversarial judicial system of dispute resolution.
If an agreement is reached at mediation, this may be written in a formal document and orders are made by the court to finalise the case. These orders can be enforced by the court if either party fails to meet the terms of the agreement.
Unlike the court process which is open to the public, the mediation process is private and confidential. Anything said or produced in writing at the mediation session remains confidential and cannot be disclosed to any other party.
The mediator will inform both parties at the beginning of the session that parties must participate in good faith. If this duty is breached, a mediator can terminate the session and give a report to the court.
Mediation is available for all civil matters. Recent legislation mandates mediation for all litigation cases listed before the courts. The court will appoint a mediator in an attempt to help the parties reach an agreement before court proceedings commence. If no agreement is reached, the Magistrate will arbitrate the dispute – also taking into account the relative cooperation of each party during the previous unsuccessful mediation session.
THE ADVANTAGES OF MEDIATION INCLUDE:
• early resolution of the dispute
• a reduction of costs to the parties
• greater flexibility in resolving the dispute
• finality and privacy
Citilawyers assists individuals and businesses with negotiation and mediation in relation to all areas of law by providing professional and tailored advise and support. Call us today on (02) 9233 7777 or email us at email@example.com.