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Dispute Resolution – Why mediate?

Dispute Resolution Lawyers Melbourne Mediation offers disputing parties an excellent opportunity to be directly involved in reaching the best, workable resolution for them. A skilled mediator will assist the parties to identify and explore the key issues in order to achieve that resolution. Mediation is a far quicker, easier, and less expensive process than a trial, and provides an outcome preferable to one ordered or imposed upon both parties by a court or tribunal.

Research shows that more than 90% of litigated disputes settle before trial. Proposing an early mediation is not a sign of weakness in any dispute – it makes good commercial sense.

Preparation, and effective time and effort from all involved, will maximise the chances of a successful mediation.

If you represent a commercial enterprise, ask:

  • Is the ongoing cost of the dispute disproportionate to the risk and value involved?
  • Is the dispute jeopardising a commercial relationship the business wants to sustain?
  • Is the continuation of the dispute causing harm to the reputation of your organisation?

If the answer to any of these questions is yes, you should be mediating the dispute NOW.

If your dispute is personal in nature:

  • Will a “win” be worth enough in the end, to justify the time, cost and stress of getting there? If the answer is no, or even doubtful, then try mediation.
  • Will drawing a line in the sand now assist in preserving important relationships? If the future of the relationship is more important than the dispute, then try mediation.
  • An objective and empathetic third party mediating your dispute provides the best opportunity to find your own workable solutions to what might seem insurmountable problems if considered alone.

Janet Lambrou has been the principal of JAM Mediation Services since 2011, based in Melbourne. Her mediation experience is broad and diverse…

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