Mediation refers to a process of non-adversarial negotiation between conflicting parties with the aid of an impartial intermediary (a mediator).
With the procedural and technical constraints of the Court process removed, in most cases Alternative Dispute Resolution, or ADR, can minimise financial, time and emotional stress. ADR provides the public with a very effective means of resolving disputes.Here then lies the question, why would I need a lawyer? The answer is quite simple; having a lawyer provides access to an invaluable pool of knowledge, experience and professionalism.
Having a lawyer gives you the best shot at facilitating the fairest and most comprehensive result. It is too often the case that when presented with a dynamic and challenging mediation process, negotiations breakdown. Usually this breakdown is caused by stress and uncertainty.
A potentially damaging situation can follow when in the midst of this deadlock one side succumbs to the other for the sake of convenience and expediency. This outcome can result in further conflict and can eventually lead to litigation; a costly and time consuming outcome.
The benefits of legal advice and guidance are evident throughout the entire mediation process.
Your legal team can guide you through the disclosure process, ensuring that every party provides all the information required to enable an effective solution.
Throughout the negotiation stage, your legal team will assess each of the settlement options, providing a thorough and informed analysis of benefits or pitfalls. If a settlement is reached, your legal team can assist you in drafting the required documents to ensure that the agreement is properly documented and enforceable.
Mediation does not preclude legal advice, and in most cases, engaging a lawyer who can provide advice and help you make measured and informed decisions, ensures that you reach the most cost effective result without incurring the massive costs of litigation.
Andrew Frank, Managing Director is a qualified mediator. He can assist you through the process. If you would like to learn more about our Dispute Resolution & Litigation area, please click here or contact the office on 02 9688 6023 and speak to one of our lawyers.
Written by Alec Tonkin & Edited by James Frank
This is not to be taken as legal advice.