What is mediation?

Mediation law is a process which involves a neutral third party or the mediator to facilitate and resolve dispute between two or more parties. Its a non-aggressive approach which can help both the parties reach mutual agreement. The whole decision making authority belongs to the parties that are involved and does not require any sort of judgement or intervention from the legal aspect.

Mediation lawyer acts like a facilitator and guides both the parties that are involved and helps identify the issues and solve problems. It is a voluntary process and is less time consuming when compared with litigation. Often it is the court which orders both the parties to choose mediation in certain cases.

A mediated resolution is open preferred by the parties because it happens without a court judgement and the solution is found through mutual agreement. Another reason to go for mediation is the cost which is comparatively less when compared to litigation.


Binding and non binding mediation

Both of these have gained a great deal of popularity in private as well public sectors. Most companies choose to insert a mediation clause in their contract as an initial step before litigation.

In the recent years mediation has become a popular alternative for resolving civil disputes. There are several lawyers who make use of mediation on a daily basis to resolve issues and award claims quickly and efficiently. A mediation session involves the presence of the disputing parties to meet along with a neutral 3rd person who is the mediator who would help them reach a mutually acceptable decision.

It does not involve any sort of formal procedure however it is important that they should be some sort of pre-mediation preparation in order to ensure a successful outcome. The mediator has no authority to give any sort of decision or force the parties to arrive at a settlement. However they need to be trained and should have the professional ability to help them achieve settlement otherwise it would not be possible without their involvement.


Issues resolved through mediation

There are several kinds of issues which can be resolve through mediation. It can be used for tort claims, commercial and business disputes. It can also be used for employee grievances and making environmental claims. There are several insurance agencies which also make use of mediation it is also a popular method for domestic relation matters. Mediation by Stradbroke Dispute Resolution has proved to be effective in all of the above mention situations. One of the major advantages of mediation is that it can help settle disputes quickly. Also it can prevent the case from going to trial or litigation which can be an added burden and increase the cost. However it is necessary that both the parties are willing to arrive at a mutual decision before they go for mediation. It is only successful when there is a desire to reach a mutual outcome.

Last but not the least it should be ensured that the mediation lawyer is experienced in dealing with specific cases.


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