Mediation is a proven alternative to litigation in the resolution of a broad range of disputes, from commercial and government, to domestic and civil-related disputes.
An increasing number of businesses and private individuals are turning to mediation because of its many benefits which include a speedier, less arduous and more cost-effective resolution process.
As a lawyer with 20 years of experience, I understand the reservations some lawyers still have about mediation. Many of these reservations are historic and have been resolved by contemporary mediation practices. I have highlighted the five things that all lawyers should know about mediation and that will allow lawyers to make more informed and confident decisions about recommending mediation to clients.
- Mediation is cost-effective and low on administration
Preparing a case for case for mediation needn’t be time consuming. A good mediator will assist you in your approach to the other party’s legal counsel and this is usually covered in the cost of the mediation process. The mediator should also offer guidance and support in the compilation of the necessary documentation. If your experience has been to the contrary, let me know about it.
- The mediation process is flexible and gives YOU control
With mediation, you avoid being subjected to the availability of the Courts. Mediation sessions can be structured around YOUR availability and therefore reduce time wastage. Mediation affords you the opportunity to decide with your client the place, time and date for mediation.
- The mediator can do the explaining
Some lawyers are naturally reluctant to propose mediation even when they know it’s in their client’s best interest. A good mediator will guide all parties through the process, explain the benefits and how both parties should participate and commit to it. Ask me how I go about facilitating the process in the early stages.
- Choosing a mediator is easy
Although there are a large numbder of mediators in Australia, most lawyers will only know a handful personally. Mediation has come a long way and I encourage all lawyers to expand their network to include more nationally accredited mediators, specifically those with a legal background such as the mediators who consult at SHAW Mediation Australia. If you wish to have a mediator with specific industry experience, we’ll be glad to help you with that.
- Mediation is a wise move, all round
Lawyers are sometimes reluctant to propose mediation because they think clients might interpret this as a lack of confidence in the legal merits of the case. Others believe that the mediation process has a negative impact on billings. Neither is true. In most cases, mediation is more convenient, less stressful and produces better outcomes. Lawyers remain involved in the mediation process and are critical to the formalisation of the outcome of the mediation process.
The faster and more flexible mediation process allows lawyers to handle more cases at any given time and this can mean increased profitability. If you are interested in hearing more about mediation or in would like some examples of this, let me know in the comment box below. Let’s Talk!