What Sort Of Disputes Are Suitable For Mediation Services In Burnie, Tasmania?
These days, the vast majority of civil and commercial disputes that arise between people or businesses go to mediation first before they proceed to a contested hearing before a Judge or a Tribunal. These can include –
Employment disputes
Will disputes
Contract disputes
Building disputes
Family Law disputes
Intellectual property disputes
Property disputes
Personal injury compensation claims
What are the potential benefits of or value in Mediation?
It can save time
It can save money
It’s less stressful
It’s voluntary
It’s a cooperative process
It’s confidential
It focuses on each party’s core interests not just legal rights
It helps each party better understand the other party’s perspective
If it fails, you can still pursue your legal rights and remedies
What is the role of the Mediator or lawyer in a dispute?
To work constructively, skilfully and creatively with the parties to help them resolve their dispute;
To help them break through impasses and overcome roadblocks;
To help each party better understand the other party’s perspective;
To assist them to find common ground and common interests;
To trouble shoot and reality test each party’s line of thinking, perspective and expectation as to what the outcome should be;
To skilfully manage the process and keep the parties on track and focused on the core issues;
To make sure each party’s view and feelings are properly communicated and understood;
It helps each party better understand the other party’s perspective
To facilitate the parties achieving and making their own agreement to resolve the dispute.
Whitelaw Legal Group and how they can help you with Mediation services
Christopher Whitelaw, the Principal and a Director of Whitelaw Legal Group is a nationally accredited mediator as well as one of about 11 mediators currently approved by the Law Society of Tasmania.
Christopher has over 15 years of experience in mediating a wide range of disputes and is also the Principal of Tas Disputes Mediation Centre in Burnie – visit www.tasdisputescentre.com.au
The Tas Disputes Mediation Centre in Burnie is located at Suites 3 and 4 at 30 Cattley Street Burnie and is a fully equipped as a mediation venue.
Do Mediations have to be conducted face to face in a mediation room?
No. Mediation can be conducted using a mix of telephone, video conferencing and email.
The Mediation Triage process will evaluate the most suitable and appropriate dispute management process and steps for each dispute.
Dispute Triage is a vitally important step in effective dispute management.
Most modern-day lawyers agree that litigation should almost always be the last resort as a dispute resolution option. Why? Because of the long delays, the huge expense and the very nature of the combative adversarial system makes the experience very stressful to most litigants.
That said, too many disputes still end up being litigated.
In our opinion the reason is that too many lawyers aren’t sufficiently skilled in ADR options and strategies.
ADR means “Alternative Dispute Resolution”. “Alternative” means “alternative to litigation.”
The main alternatives are –
Assisted Negotiation
Conciliation
Mediation
Arbitration
Whitelaw Legal Group is one of the law firms in Tasmania that specialises in ADR and has even opened a fully equipped Mediation Centre.
When we conduct the triage process we –
Evaluate the needs of those involved in the dispute;
Evaluate the facts, the issues and the law and the suitability of the dispute for any of the ADR options;
Help the parties apply a cost/benefit analysis to their dispute to help them weigh up the pros and cons of litigation versus any of the ADR options.
Arbitration
Once a matter is taken to court and substantial legal costs are run up by each party it becomes harder and
harder to employ ADR strategies to end the dispute on any terms that will see parties recoup their legal costs
incurred up to that point. Each party will normally have to wear that cost.
We are a strong believer in the benefits of EADR – Early Alternative Dispute Resolution.
Conducting effective dispute triage will identify those disputes that are suitable for EADR.
