Legally Assisted Mediation

Mediation is a confidential process in which a neutral third party, called a mediator, helps parties in a dispute communicate, negotiate, and reach a mutually acceptable resolution.
In mediation, the mediator facilitates discussions between the parties, helping them to identify their underlying interests, concerns, and needs. The mediator does not impose a decision but instead assists the parties in finding a solution that works for both sides. The mediator remains neutral and impartial, refraining from advocating for any particular outcome.
Mediation is a pre-requisite before initiating court proceedings for parenting arrangements.
Mediation is also a very important step in resolving property settlements.
However, parties often feel very nervous as they have a lack of legal expertise and there can often be a significant power imbalance and individuals believe that they will be forced to make concessions that they are not comfortable with or that it will result in an unfair outcome.
In Legally Assisted Mediation, both parties have their respective lawyers present.
Legally assisted mediation sessions are confidential, allowing parties to freely discuss their issues without fear of public exposure. This confidentiality encourages open and honest communication, enabling parties to explore potential solutions without concern that their statements will be used against them in court.
In Legally Assisted Mediation, parties have a significant say in the outcome of the mediation process. Unlike a court trial where a judge imposes a decision, mediation allows parties to actively participate in crafting a resolution that meets their specific needs and interests. This sense of control and empowerment can lead to higher satisfaction with the final outcome.
Legally assisted mediation offers a more cost-effective alternative to litigation. It typically involves fewer formal procedures, shorter timeframes, and reduced legal fees. Parties may share the costs of the mediator, which are often lower compared to the expenses associated with a full-blown court trial.
Legally Assisted Mediation can help resolve disputes more efficiently than going to court. Court proceedings can be lengthy and subject to scheduling delays, whereas mediation allows parties to promptly address their issues. By reaching a resolution more quickly, parties can save time and move forward with their lives or businesses.
Legally Assisted Mediation aims to foster collaboration and understanding between parties. It provides a less adversarial environment compared to litigation, which can be emotionally draining and escalate conflicts.
Legally Assisted Mediation will be more expensive than normal mediation due to the presence of both party’s lawyers, but it will still be significantly cheaper and far less emotionally challenging than going to court.
Interested? Contact me at scockram@holisticlaw.com.au.
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