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Why Mediate?

Why Mediate?. CARPE DIEM. Seize the Day Don’t litigate!. Mediation - What is it?. 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). MEDIATION. Origins

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Why Mediate?

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  1. Why Mediate? CARPE DIEM Seize the Day Don’t litigate!

  2. Mediation - What is it? 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).

  3. MEDIATION Origins Mediation is a form of Alternative Dispute Resolution which originated in the USA in a drive to find alternatives to the traditionallegal 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. Why mediation – Why not litigate? Legal Systems throughout the world have adopted mediation as a realalternative to and in many cases a pre requisite to litigation. There are many reasons not to litigate.

  4. Why mediate? Key Benefitsof MediationMediation 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

  5. THE MEDIATION PROCESS ØOpening Statement by Mediator ØParty Statements ØSummaries & Common ground Ølist of issues ØNegotiations Øseparate rooms Øfinal bargaining Ødrafting agreement & termination

  6. Where is Mediation used? • 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

  7. MEDIATION IN FAMILY LAW 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.

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

  9. WHICH WOULD YOU CHOOSE? Contact us.

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

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