Mediation in Sydney involves a third party who will help to resolve a dispute between two parties and to achieve a solution for them. The two parties involved in the dispute will usually agree on the third party who will act as the middle person between the two. Mediation in Sydney is to do with the legal system and law, and the third party middle person aiming for a solution would be an attorney who is trained in the legal system and its processes.
Mediation in Sydney is an alternative to a judge making a decision and deciding the outcome of the dispute between the two parties. The judge will see the admissible evidence and determine how the law will apply to the case.
It is more ideal for the two parties to hire a third party as this way they will have the chance to voice each of their own opinions, as well as the third party being able to focus on the real issues to do with the dispute. The options explored during this are often far broader than that in a courtroom, thereby it is better to consider mediation in Sydney than letting it go to court.
If the two parties are able to sort out their differences and reach an agreed settlement, then they can make a written agreement proving this and the court will then finalize their case. The orders finalized in the agreement will have the same standing as those enforced by a judge, and can and will be enforced if necessary.
The process of mediation in Sydney is considered to be private in contrast to public court proceedings for other cases. The things that are produced or said in the case cannot later be used in later hearings unless the circumstances are exceptional and unique.
It is the duty for both parties to approach the mediation in Sydney in good faith and to actively look to achieve an outcome that is beneficial and agreeable for them both. Moreover, it is also expected that both parties will have considered it before moving onto court proceedings and hearings.
Why consider mediation in Sydney?
There are numerous benefits to considering the process and they all are much more beneficial than court hearings and proceedings.
One of these is an early resolution.
The process of mediation in Sydney between the two parties can be undergone at any time and can be arranged to proceed in a very short span of time, such as within a few weeks if urgency is required. The process is then undergone and if the parties come to agreeable terms, the agreement is drawn up and then signed upon the closing of the session. This will usually finalize the case.
In contrast, going before the court will mean the process will take a couple of months as time must be taken to exchange evidence and for preparation of the case before the hearing.
Another benefit is the lesser cost to both parties.
When mediation in Sydney occurs, the solicitor will need to prepare some evidence, however, the overall general cost of the process is much less expensive in comparison to taking the matter before the court.
As legal processes are usually charged on a time-basis, the process is shorter than going before the court which ultimately means it will cost less.
In summary, mediation in Sydney can be a complicated process; however, it is generally more efficient, effective and beneficial to both parties in the long run. Taking the matter before the court is not as beneficial and should try to be avoided if mediation in Sydney is a much more suitable method.