We always encourage our clients to explore options for resolving their legal dispute informally, rather than by commencing court proceedings.
The many benefits include cost and time efficiencies, and the opportunity to achieve outcomes that better fit the needs of the participants, rather than having a court imposed resolution. Court proceedings are expensive, and time consuming, and can be very stressful, even for the so-called “winner”.
There are lots of ways to do this, and one commonly used method is mediation, particularly where there is a difficult dispute.
Mediation is a process that promotes the self-determination of participants who with the support of a trained mediator:
- are encouraged to communicate with one another, to exchange information and seek understanding;
- identify and explore issues, interests, and needs;
- consider options and alternatives;
- negotiate with each other; and
- reach and make their own decisions.
Apart from avoiding the adverse consequences of court proceedings, mediation affords participants with the means of achieving agreement which is acceptable to all of the participants.
Mediation is particularly useful for resolving disputes related to elder and deceased estate matters.
1. Funeral disputes – where there is conflict relating to burial or cremation;
2. Claims for provision from a deceased estate or superannuation; and
3. Disputes about how to care for a frail and elderly parent.
We frequently see resolutions that judges are not able to make, and that are better all around for all of the participants, which is why we believe that mediated resolutions are usually in our clients’ benefit.
This is also why Jeneve has completed National Mediation Training with The College of Law, so we can offer prompt and cost-effective mediation services in addition to representing our clients at mediation.