MEDIATION - CIVIL DISPUTES
We offer a mediation service for a broad range of civil disputes. Civil disputes cover disagreements between :
- individuals (eg neighbourhood)
- an individual and a trader, business or company (related to purchase of goods and services)
- an individual and local council (eg property development disputes)
Where disputes relate to industry (traders, businesses or companies), they may have their own dispute resolution mechanism in place. If so, and pursuing resolution through this mechanism has failed, then mediation is the preferred next step.
Civil 'cases' are those that don't involve criminal law, such as family related (family dispute resolution applies), probate and real estate disputes, personal injury, and contract disputes.
The objective of early mediation is to seek resolution to disputes before they are escalated to the courts. While not all disputes would warrant a court application, filing an application in the court is always a lengthy and costly process, and there is usually little guarantee of how a case will be determined. It is therefore, in the parties' best interests, to take some control in the outcome of their disputes by engaging in the mediation process.
Mediation as the Preferred Course of Action
Mediation is also the preferred course of action for most civil disputes prior to going to court.
According to the Civil Dispute Resolution Act 2011, which commenced on 1 August 2011, parties are encouraged 'to take genuine steps to resolve a dispute before commencing certain legal proceedings in the Federal Court and Federal Circuit Court.
The objectives of the Act are to:
- ensure that, as far as possible, people take genuine steps to resolve disputes before certain civil proceedings are instituted
- promote a move away from an adversarial approach to litigation
- improve access to justice by encouraging early dispute resolution
Civil Dispute Resolution Act
Our Approach
The Mediator preparation includes an initial discussion with all parties to gain a thorough history of the circumstances leading up to the dispute. The Mediation process involves initial statements by the parties, clarifying issues, exploring solutions, separate sessions as required and negotiating a mutually agreeable outcome. This occurs in a climate of impartiality, guided listening and mutual respect.
Depending on the nature of the issue, a checklist of relevant determinants is also made available to the parties to ensure all factors are given consideration.
The ADR process empowers the parties' through the opportunity to be heard and have control over the outcome. In addition, valuable time, court and legal costs can be avoided.
Getting in Touch:
Feel free to call for a 30 min free no obligation discussion