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Why do Courts order mediation?

Mediation is a consensual process.

Why should you settle a dispute rather than have a third party, namely a Court or arbitrator, decide the outcome of your dispute for you without you having to make any compromise?

The reality is that few parties can afford the expense, inconvenience and uncertainly of litigation.

In Australia approximately only 2% of cases reach trial.

Clearly if all the matters commenced before the Courts ran to trial then the delays in the justice system would be hopeless.

The Courts therefore have a big interest in resolving matters and saving public resources and are very interested in procedures which resolve disputes without the need for expensive trials.

Mediation is very successful at resolving matters and hence heavily promoted by the Courts.

In fact it is now a prerequisite to commencing proceedings in some jurisdictions.

Once before the Courts you can expect to be ordered to undertake the mediation process at least once.

We assist parties in resolving their disputes before and during the litigation or arbitration process.

Cases in which the Court has ordered mediation

Do the parties have to attend a Court Ordered mediation?

1) [2011] VSC 635 (8 December 2011)
2) [2017] NSWSC 485 (7 April 2017)

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