When your matter proceeds to Court as part of the Court timetable, your matter will be listed for a mediation. What is a mediation and what happens at a mediation?
From the time you commence proceedings in Court you generally obtain a hearing date 12 months after you file proceedings. At around the nine month mark the Court will order that you attend mediation.
A mediation is an informal settlement conference which is usually run by a mediator.
Whatever is said at mediation cannot be used in the Court proceedings. The mediator will usually be supplied with the pleadings, witness statements, expert reports and submissions from each party identifying the strengths of the claim and the weaknesses in the opposing parties’ case.
As a client you do not give evidence at mediation. Settlement negotiations are entered into and the mediator can assist the parties resolve disputes if it is a hurdle to resolution of the claim.
Mediators are trained in assisting parties to resolve their disputes. They are not decision makers, they are facilitators.
The benefits of mediation can include:
The outcome is more in the control of the parties involved and they find the solution
Increased flexibility around the outcome
Parties can gain more of an understanding of the other parties’ view
Saves costs incurred by not proceeding to a hearing
Narrows the issues before a hearing
What happens in mediation is confidential
Parties have an obligation to attend the mediation in good faith and be prepared to consider a compromise to settle the dispute. The parties can agree on who to appoint as mediator. The Court may assist if agreement can’t be reached. The Court may give effect to any decisions made in the mediation.
We are experienced litigation lawyers who use mediation as a tool to assist our clients settle their disputes expeditiously, less costly and less adversarial.
Please contact us today.
*Disclaimer: This is intended as general information only and not to be construed as legal advice. The above information is subject to changes over time. You should always seek professional advice before taking any course of action.*
Mother recovers significant compensation for instrumental vaginal delivery injuries
A small proportion of women who give birth vaginally will suffer 3rd or 4th degree tears. The risk of such tearing is increased with instrumental vaginal deliveries by either vacuum (ventouse) or forceps, including rotational forceps.
What can you subpoena from an expert witness? Do common law principles or the provisions of the Evidence Act 1995 (NSW) apply?
In a recent ruling by Elkaim AJ of the Supreme Court of New South Wales, Longton Legal achieved a favorable outcome in the case of Ghorbanzadeh v Western Sydney Local Health District  NSWSC 1330.
Young woman recovers more than $100,000 for botched breast augmentation surgery
It only took Longton Legal/Longton Compensation 10 month from the time of commencement of proceedings in the District Court of New South Wales to
Melbourne woman recovers more than $330,000.00 for a botched cosmetic procedure in just 12 months
It only took Longton Legal/Longton Compensation Lawyers’ Yevgeni Shkuratov and Clare Decena 12 months from the time Sarah