Solving a dispute through litigation is uncertain and expensive.
Under the Uniform Civil Procedure Rules which govern how cases are run in the Queensland civil court such as the Supreme Court, District Court or Magistrates Court have various mechanisms for litigants to avoid the expense of Court particularly trial or resolution by a judge.
One of those processes is mediation.
The parties can either agree to a mediation or at time the Court may order that a mediation take place.
Mediation is a process under which the parties use a mediator to help them resolve their dispute by negotiated agreement without adjudication by the courts. All discussions at a mediation are on a without prejudice basis which means that whatever is said at the mediation cannot be used as evidence in the future court action.
Some advantages of mediation are that the parties may avoid court, reduces legal costs and narrows issues. The mediator is a neutral legally qualified person chosen by the parties or the court to undertake the mediation aimed at enabling the parties to a dispute, to discuss their differences in total privacy and then to assist both parties to make a dispassionate objective appraisal of the total situation. However, it is the parties that decide whether the matter will settle not the mediator.
Mediations are very successful in Queensland and there are a number of barristers and solicitors in Brisbane who are accredited mediators and who are experts at mediating disputes. We as your solicitors can assist you with choosing these expert mediators.
As solicitors with the theoretical knowledge of the how and why of mediation and the practical experience of dozens of mediations we have the expertise to you guide you through this process and assist you in resolving your dispute at mediation.