Mediation in Sydney can encompass a variety of different methods and approaches to conflict management and the resolution of different types of disputes. Sessions might focus on conciliation, consultation, or seek to dispense justice, educate both parties, facilitate a resolution, open up a dialogue or might even aim to prevent a dispute from arising by reaching agreements. All of this an more may be covered by a mediator.
So what are some of the advantages of using mediation services in Sydney to manage a dispute?
Efficiency and cost effectiveness
Mediation in Sydney is more efficient and cost-effective than going to court and is far more efficient, often taking substantially less time than a trial would. Mediation in Sydney can be much more affordable and less time consuming for all parties involved.
It offers more control
Mediation in Sydney offers involved parties the chance to participate in the outcomes of proceedings. It eliminates the chance that unexpected or undesired results will arise from the proceedings and allows everyone to better prepare.
Unlike public courtrooms, mediation in Sydney is kept private. This can help all parties involved avoid unwanted publicity and the costs of litigation.
It can help to preserve relationships
Many people hope to preserve relationships following dispute resolution and mediation in Sydney can help people to do that as it is much less adversarial by nature compared to courtroom proceedings.
What does a mediator do?
A mediator is an impartial person who is there to act as the facilitator between two or more parties who are trying to navigate a dispute. The independent third-party mediator aims to create a safe space for parties to openly, and respectfully discuss issues. Mediation in Sydney allows parties to understand their issues and come up with practical and mutually agreeable outcomes.
What kinds of cases should you take to a mediator in NSW?
Almost any commercial or civil matter can be taken to a mediator in NSW, including family matters. Disputes between suppliers and businesses, about commercial leases, workplace conflicts, construction issues and tenant/real estate issues for example might be dealt with in sessions with a mediator. If issues such as domestic violence are present however then working with a mediator is likely not the best approach. When a party has a reason to fear for their safety then it’s better for the matter to be dealt with by litigation.
Are legal representatives required in sessions with a mediator?
Legal representation is not a requirement in mediation but it can help to make people feel more comfortable during sessions.
How long will it take?
Generally working with a mediator takes much less time than litigation would. The average round of alternative dispute resolution will take just a few hours over the course of a number of sessions but this can stretch over a few weeks. More complicated matters will take longer to work through and resolve.
Is it likely that my case will settle?
The vast majority of cases are settled with alternative dispute resolution processes, only a slim percentage cannot be resolved and end up in court.
Are agreements binding?
Settlements are binding as both parties will sign a legally enforceable contract.
Will I still need legal advice?
It’s important to recognise that sessions with a mediator do not replace the need for legal advice and guidance. Mediators are supposed to be impartial third-parties and are not there to provide legal advice but rather to help both parties reach an agreement. Each parties should separately seek legal advice to ensure that their interests are protected.