Kim Bainbridge – Solicitor, Litigation and Dispute Resolution
The course of litigation in our courts has changed significantly in recent times. The whole thrust now is to move all litigation in our courts to a compulsory mediation between the parties at the earliest opportunity.
There is a very high rate of success of cases being resolved at mediation, so much so that lawyers are now moving to encouraging clients to meditate well before any proceedings are issued, whether this is in civil disputes or in family law matters.
The impact of cases settling in this way greatly lessens the workload of the courts and significantly reduces the backlog of cases, which is one reason the courts will encourage and indeed enforce a mediation at any stage of a case – even part way through a trial!
Mediations are usually conducted by the parties agreeing to meet with a mediator experienced in their particular kind of dispute. The mediator acts a referee, being a neutral arbitrator, taking neither side, but working very hard to narrow the issues in dispute and bring the parties together in an agreed resolution. As you can imagine this can save the parties many thousands in the legal costs of proceeding to trial, not to mention the stress of appearing in Court.
There is a saying in legal fields that a successful settlement at mediation is where neither side is 100% happy, but can live with outcome, safe in the knowledge that both the risk of losing and the extra legal costs of going forward have been taken out of the equation.
Settlements at mediation are usually recorded in a signed, binding, final and confidential agreement between the parties and where necessary, filed with the Court to bring the case to an end.
At Beck Legal we are proactive in alternative dispute resolution wherever possible.
Contact Kim and our experienced litigation team at Beck Legal on (03) 5032 4809 to arrange an appointment today.