Why Mediate? Seize the Day Don’t litigate!

Simply put mediation is where parties are helped to reach their own solution to their particular dispute with the help of a neutral third party (the mediator).

Why mediation – Why not litigate? Legal Systems throughout the world have adopted mediation as a real alternative to and in many cases a pre requisite to litigation. There are many reasons not to litigate. MEDIATION Origins Mediation is a form of Alternative Dispute Resolution which originated in the USA in a drive to find alternatives to the traditional legal system, felt to be adversarial, costly, unpredictable, rigid, over- professionalised, damaging to relationships, and limited to narrow rights-based remedies as opposed to creative problem-solving.

Key Benefits of Mediation Mediation generally produces or promotes: Economical Decisions Rapid Settlements Mutually Satisfactory Outcomes High Rate of Compliance Comprehensive and Customized Agreements Greater Degree of Control and Predictability of Outcome Preservation of an Ongoing Relationship or Termination of a Relationship in a More Amicable Way Workable and Actionable Decisions Agreements that are Better than Simple Compromises or Win/Lose Outcomes Decisions that Hold Up Over Time Why mediate?

THE MEDIATION PROCESS  Opening Statement by Mediator  Party Statements  Summaries & Common ground  list of issues  Negotiations  separate rooms  final bargaining  drafting agreement & termination

State Courts – Supreme, District and Magistrates Federal Magistrates Court Family Court of Australia Office of the Mediation Adviser – Franchise Disputes Qld Govt – Qld Transport, Qld Health, Families Dept Local Government Qld Legal Aid Office Workplaces

The Family Law Act now requires all parties to attempt Family Dispute Resolution before Court proceedings are commenced in children’s issues. Family Dispute Resolution Practitioners (as authorised by the Act) may issue certificates if an agreement is not reached which will allow a party to then proceed to Court. Throughout Family Court proceedings mediation/conciliation is encouraged and applied.

LITIGATION –V- PRIVATE MEDIATION One day trial – Family Court From Commencement to Trial $15,000 – $25,000 and beyond per party ½ Day Mediation FLMS Mediation About $750 per party 6mths to 18mths 2 – 4 WEEKS

WHICH WOULD YOU CHOOSE? Contact us.

Randal Binnie, Lawyer & Notary Public is a Queensland Law Society accredited Family Law Specialist, Family Dispute Resolution Practitioner, & Australian Nationally Accredited Mediator.