By Simon Abraham

2 May 2014

Members of Tisher Liner FC Law are experienced in representing clients in Mediations, conducting hundreds of Mediations for a period exceeding twenty years.

The question on everyone’s lips: why do people choose to mediate instead of going down the road of litigation or other such proceedings? He sets our various reasons:-

1 – Costs

Participating in Mediation when matters are subject to Court proceedings (or such proceedings are contemplated) is a cost-effective manner in which to resolve a dispute. The obvious alternative is to conduct litigation which is extremely expensive, requiring significant preparation, documentation, appearances and all the associated steps relevant to conducting a Court case.

2 – Time

Most Court cases require a considerable amount of input by way of time, seeing Lawyers, Counsel, attendances at Court etc. The time required to devote to a Mediation would usually involve considerably less preparation and usually the matter is resolved in a Mediation in one day, as opposed to even a short case in Court which may run over many days.

3 – Certainty

Although achieving a result by way of settlement or otherwise in a Mediation is not compulsory, by participating in a Mediation and having a matter resolved, there is certainty as to the outcome. Any Court proceeding will depend on the presentation and interpretation of evidence (including Experts), a finding by a Judge as to such facts and than applying the Law and these two variables can have outcomes which may not be favourable. The Mediation process enables a result to be achieved and at the end of the process each party knows the outcome with certainty.

4 – Making your own decisions

Most people prefer to make their own decisions. The Mediation process permits a party to a dispute to make a decision about an outcome and, even if the outcome is not precisely that which a participant would have liked at the commencement of the process, at least a participant has made the decision. Experience shows that most people prefer to be in a position of making their own decisions and living with such decisions afterwards.

5 – Flexibility in the outcome

Parties to a Mediation are able to negotiate outcomes in a manner which may not be ordered by a Court. There are no right or wrong outcomes, only those that the participants may adopt. The result may be outside any prior preconceived outcome. If the parties decide to agree, even if such outcome was not what a participant would have originally contemplated, then the matter is finalised and everyone can get on with their usual business and life activities.

Accordingly, most parties prefer to avoid Court proceedings and would prefer to participate in a Mediation because of costs, time, certainty and being able to make their own decisions.

Related Articles

View All
Employment Law / Litigation & Dispute Resolution / Construction

Does it Really Matter What You Call Your Employees? The Difference Between a Permanent and a Casual Employee.

The Federal Court found the casual employee worked a regular and continuous pattern of work for more than two years,...
Read More
Property & Development / Litigation & Dispute Resolution

Subpoenas: think twice before pushing the button

In a recent decision of the Supreme Court of Victoria, Brady Queen Pty Ltd and 280 Queen Street Pty Ltd & Anor (No...
Read More
Litigation & Dispute Resolution / Property & Development / Developments

Rules of Thumb for Purchasing a Property

Good advice is only going to benefit you if you take advantage of it This applies whatever your purpose for the...
Read More
Technology and Start Ups / Litigation & Dispute Resolution / Privacy Laws & Trading Terms

High Court Finds Google’s Search Engine has the Capacity to Defame

For many years, Google has claimed that its search engine has no capacity to defame Effectively, Google has argued that...
Read More
Australia-Israel Legal Advice / Charities & Not-for-Profit / Technology and Start Ups

TLFC – Award Finalist for Law Firm of the Year (Medium Category)

Tisher Liner FC are proud to be nominated as an award finalist in the 14th annual Victorian Legal Awards Medium Law...
Read More
Litigation & Dispute Resolution

Public Examinations – Inquisition or Corporate Karma?

Regardless of this clause, A2Z alleged that McDonalds terminated the cleaning contract with only one day’s notice,...
Read More
Business Law / Commercial Contracts & Agreements / Intellectual Property

It Won’t Happen To Us! We Know Each Other – We Don’t Need an Agreement

The material considerations relevant to your interest, whether it be a property development, joint venture,...
Read More
Property & Development / Litigation & Dispute Resolution

A Timely Reminder of the Underquoting Laws

During that period Consumer Affairs Victoria (CAV), the Regulatory Body that governs real estate agents, has...
Read More
Leasing & Lease Disputes / Property & Development / Developments

Commercial Leases – Protect your Property

By the end of the lease (whether by expiry, abandonment or eviction) things may look different And you may need to...
Read More
Business Law / Commercial Contracts & Agreements / Litigation & Dispute Resolution

Corporate Divorce – The Importance of Prompt Damage Control

When good companies fail due to deteriorating business relationships, there is often a cast of familiar players: 1 The...
Read More
Construction / Litigation & Dispute Resolution / Property & Development

Domestic Building Dispute Resolution – New Regime

The days of VCAT being a first-instance negotiator in Victorian domestic building disputes are coming to an end...
Read More
Litigation & Dispute Resolution

Don’t be scared of a subpoena

A subpoena can be a daunting document Expressed as an order of a Court, a subpoena requires the person served to either...
Read More