When your matter proceeds to Court as part of the Court timetable, your matter will be listed for a mediation. What is a mediation and what happens at a mediation?
From the time you commence proceedings in Court you generally obtain a hearing date 12 months after you file proceedings. At around the nine month mark the Court will order that you attend mediation.
A mediation is an informal settlement conference which is usually run by a mediator.
Whatever is said at mediation cannot be used in the Court proceedings. The mediator will usually be supplied with the pleadings, witness statements, expert reports and submissions from each party identifying the strengths of the claim and the weaknesses in the opposing parties’ case.
As a client you do not give evidence at mediation. Settlement negotiations are entered into and the mediator can assist the parties resolve disputes if it is a hurdle to resolution of the claim.
Mediators are trained in assisting parties to resolve their disputes. They are not decision makers, they are facilitators.
The benefits of mediation can include:
- The outcome is more in the control of the parties involved and they find the solution
- Increased flexibility around the outcome
- Parties can gain more of an understanding of the other parties’ view
- Less adversarial
- Saves costs incurred by not proceeding to a hearing
- Narrows the issues before a hearing
- What happens in mediation is confidential
Parties have an obligation to attend the mediation in good faith and be prepared to consider a compromise to settle the dispute. The parties can agree on who to appoint as mediator. The Court may assist if agreement can’t be reached. The Court may give effect to any decisions made in the mediation.
We are experienced litigation lawyers who use mediation as a tool to assist our clients settle their disputes expeditiously, less costly and less adversarial.
Please contact us today.
*Disclaimer: This is intended as general information only and not to be construed as legal advice. The above information is subject to changes over time. You should always seek professional advice before taking any course of action.*
