MEDIATION - what it means to you...

It is now compulsory in most jurisdictions that parties engage in what is called independent dispute resolution ("IDR") before being allowed to:

file legal action, or;

after filing, before being allocated a court hearing

NB: each jurisdiction will have slightly different approaches

The most common form of IDR is mediation. Mediation is a voluntary process whereby the parties in dispute and/or with a vested interest come together with the assistance of a trained independent 3rd party facilitator (essentially the role of a mediator), to identify and resolve their legal disputes. The mediator cannot force the parties the settle or decide the matter for them. However, a good mediator will assist the parties in identifying the issues in dispute and will help them to explore options for resolution.

Mediation is usually conducted on a confidential basis, meaning that the parties must usually agree to participate on the basis that nothing said or done at the mediation can be used against a party further down the track, should the matter fail to settle. Confidentiality is a matter of practicality and fairness.

Two examples of how mediation is now mandated by the Courts:

In Family Law Parenting Disputes:

Unless in exceptional circumstances, the Courts require that an Initiating Application be accompanied by a Certificate from a properly qualified Mediator certifying that the parties:

a. participated in and made a genuine attempt at mediation but were unsuccessful, or

b. that the other party unreasonably failed and/or refused to participate at the Mediator's invitation.

In Estate Disputes before the Supreme Court of NSW

A Summons filed by an eligible applicant seeking provision from an estate will not be granted a date for hearing before the parties have first participated in mediation. In this instance, mediation is sometimes facilitated by the Court, or is required to be conducted externally, usually depending upon the size of the estate and complexity of the matter.

Mediation can be very successful for the following reasons: It usually enables early resolution of the matter and, in some cases, many months or even years earlier than the alternative of a Court hearing. This carries a variety of physical and non-physical benefits.

It saves money that would otherwise be spent on legal fees. This usually means more money in the pockets of the parties rather than being spent on legal fees.

The matter can be resolved on the parties' own terms.

Our Principal, Phil Brogan, has conducted many thousands of legal settlements.

Phil knows what it takes to get you the very best result, even in the most difficult of situations.

There is no substitute for the depth of knowledge, skill and art of deal-making that is forged by many years of experience.