Employment Law

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When lawyers become involved in a dispute, it doesn’t always need to end up in Court. Often a dispute can be settled outside of the courtroom. In fact, alternative dispute resolution is becoming a favoured approach in the legal system. 

Mediation Is A Cost Effective And Timely Way To Resolve A Dispute

A cost effective and timely way to resolve a dispute can be through mediation. Mediation is a confidential process whereby a neutral person assists the parties to resolve the dispute. A mediation can be decided upon by the parties or can be Court appointed.

 

Of course, if a matter does end up in Court, often the presiding judicial officer will recommend alternative dispute resolution so there is a just, quick and timely resolution to the case.

 

A mediation is set in a more comfortable environment than the courtroom. It is often less stressful than going through litigation. All the parties are required to come to the mediation in good faith and are encouraged to formulate their own solutions to the issues between them. Any discussions that take place at the mediation or any position papers that are prepared for the purposes of the mediation must remain confidential and cannot be used against the other party at a later stage should the mediation not be successful.

 

The role of the mediator, is to highlight the issues between the parties that are both agreed and disputed. A mediator will also facilitate communication between the parties and will assist in negotiating a settlement.

 

The Majority Of Matters Can be resolved At Mediation

There are always some cases, particularly civil cases, whereby mediation is the preferred approach. A lawyer will be able to advise if the matter is appropriate for mediation. It is best to have a lawyer present with each party at the mediation as they will best be able to enhance and communicate the issues of each party. A lawyer will also be able to explain the mediation process to their client and will be able to negotiate on their clients behalf. A lawyer will also have the experience of previous mediations and that experience may well be the difference between a successful and an unsuccessful mediation. Should a mediation not prove successful, it still provides the benefit of narrowing the issues between the parties so any continuing Court case can be managed in a more timely and cost effective fashion. Despite this, the majority of matters can be resolved at mediation.

 

As mentioned above, all mediations are confidential and on a “without prejudice” basis. Nothing is binding on the parties unless an agreed settlement is reached and is signed by the parties. Mediations offer great flexibility and a more comfortable environment to resolve a dispute. All matters are different and we will be able to advise you accordingly.


For any questions in relation to this topic or any other Employment Law matter, please call us on 1300 727 813 or email us.


Related article:

- Your Right To Privacy In The Workplace
- Ensuring Safety At Work

 

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