Why Mediate?Why Mediate?

Seize the DayDon’t litigate!

Simply put mediation is where parties are helped to reach their own solution to their particular dispute with the help of a neutral third party (the mediator).

Why mediation – Why not litigate?Legal Systems throughout the world have adopted mediation as a real alternative to and in many cases a pre requisite to litigation. There are many reasons not to litigate.

 

MEDIATIONOriginsOrigins

Mediation is a form of Alternative Dispute Resolution which originated in the USA in a drive to find alternatives to the traditional legal system, felt to be adversarial, costly, unpredictable, rigid, over-professionalised, damaging to relationships, and limited to narrow rights-based remedies as opposed to creative problem-solving.

Key BenefitsKey Benefitsof Mediationof MediationMediation generally produces Mediation generally produces or promotes:or promotes:

Economical Decisions

Rapid Settlements

Mutually Satisfactory Outcomes

High Rate of Compliance

Comprehensive and Customized Agreements

Greater Degree of Control and Predictability of Outcome

Preservation of an Ongoing Relationship or Termination of a Relationship in a More Amicable Way

Workable and Actionable Decisions

Agreements that are Better than Simple Compromises or Win/Lose Outcomes

Decisions that Hold Up Over Time

Why mediate?Why mediate?

THE MEDIATION PROCESS

Opening Statement by MediatorParty Statements

Summaries & Common ground

list of issuesNegotiations

separate roomsfinal bargaining

drafting agreement & termination

•State Courts – Supreme, District and Magistrates

•Federal Magistrates Court

•Family Court of Australia

•Office of the Mediation Adviser – Franchise Disputes

•Qld Govt – Qld Transport, Qld Health, Families Dept

•Local Government

•Qld Legal Aid Office

•Workplaces

The Family Law Act now requires all parties to attempt Family Dispute Resolution before Court proceedings are commenced in children’s issues.

Family Dispute Resolution Practitioners (as authorised by the Act) may issue certificates if an agreement is not reached which will allow a party to then proceed to Court.

Throughout Family Court proceedings mediation/conciliation is encouraged and applied.

LITIGATION –V- PRIVATE MEDIATION

One day trial – Family Court

From Commencement to Trial

$15,000 – $25,000 and $15,000 – $25,000 and beyond per partybeyond per party

½ Day Mediation

FLMS Mediation About FLMS Mediation About $750 per party$750 per party

6mths to 18mths 2 – 4 WEEKS

WHICH WOULD YOU

CHOOSE?

Contact us.

Randal Binnie, Lawyer & Notary Public is a Queensland Law Society accredited Family Law Specialist,

Family Dispute Resolution Practitioner, & Australian Nationally Accredited Mediator.