Alternatives to litigation: Mediation

Date: Nov 18, 2014

Litigation is not the only option you have when it comes to dispute resolution. Sometimes another method can be even more effective.

Every dispute is unique, and your particular circumstances will dictate which method is right for you.

Our knowledgeable team of family lawyers at Craddock Murray Neumann is here to help you decide what form of conflict resolution will best suit your case, based on such factors as your relationship with the other party, your financial situation and time constraints.

One way you can try to come to property settlement agreements or child custody agreements is through mediation.

This is a form of alternative conflict resolution that involves the employment of an unbiased third party to help disputing individuals or businesses negotiate some kind of settlement.

Parties are usually represented by lawyer and are asked to prepare position statements that lay out the facts of the case and their ideal solution scenarios.

It can be a cost-effective method of resolving conflicts, such as estate disputes, and may result in a creative win-win outcome for those involved, which is not often the case in court battles.

If you are a business owner involved in a dispute with another business, mediation could help you come to a resolution that enables you to continue a good commercial relationship. This means you won't lose valued customers or connections.

Mediation is also useful for individuals who have a personal relationship, such as family members or partners, and want to come to a financial or other agreement amicably.

Parents fighting for the custody of a child, or couples who are in the process of getting divorced, may want to consider this form of alternative dispute resolution.

Considerable emotional and financial costs are often associated with litigation, whereas mediation has the potential to minimise these costs and resolve your conflict in a less stressful and informal environment than most courtrooms present.

According to the New South Wales Small Business Commissioner, "mediation is remarkably successful". It is estimated that about 80 per cent of all matters have the potential to be resolved through mediation.

Trying to resolve disputes before they land you in court is ideal; however, we know that this is not always possible.

We are here to help you choose the correct form of conflict resolution for your particular dispute, as well as guide you through the litigation process if this is deemed the only possible method.