When it comes to resolving legal disputes in Australia, there are numerous options available. In general, disputes are resolved through the process of mediation or litigation. In this blog, WGC Lawyers discusses both approaches as well as the benefits of each. If you’re looking for lawyers in Cairns who specialise in family law mediation, contact us today.
What Is Mediation?
During the mediation process, a trained mediator meets with both parties and helps them reach a settlement. The mediator’s aim is to create a space where the parties can communicate, put forward their concerns and negotiate in a calm, supportive environment. The mediator does not make decisions but acts as an impartial third party seeking to secure an outcome that is agreeable to both parties.
What Is Litigation?
Litigation is what happens when a case is taken to court and is heard by a judge. This is a more formal process that requires both parties to present their case and all associated evidence to move the court in their favour. Litigation is a more adversarial approach and generally happens when an amicable settlement isn’t possible.
Before deciding on the route that you want to take, contact WGC Lawyers, your mediation and litigation lawyers in Cairns for personalised legal advice.
When you decide which route to take, you have to consider the specifics of your case. When you speak to a family law expert, they can go over the details of your case, discuss your goals, and your situation to help you make the right decision moving forward.
The Benefits of Mediation
Privacy
Mediation can be carried out in a closed, confidential space where both parties can decide who should and should not be present.
Less Time-Consuming
Mediation is often the quicker, more efficient process because it doesn’t require navigating the convoluted litigation system.
Less Stressful
Unlike litigation, mediation seeks to resolve sensitive disputes in a calm, supportive way. Mediation is often the best approach because it is more likely to preserve civility and keep lines of communication open.
The Benefits of Litigation
Cooperation
When other means of dispute resolution have failed and parties are uncooperative with one another, litigation is the way forward. With court-mandated deadlined and strict requirements that cannot be ignored, both parties are more likely to comply.
Precedent
Litigation allows lawyers to cite previous rulings in order to strengthen your case. This is particularly useful in cases where spurious claims are being made against you or your business.
Evidence
Courts apply strict rules to what counts as evidence. If you have a strong case backed by evidence, litigation could get you the outcome you’re looking for.
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Contact WGC Lawyers today for more information on family disputes, mediation and the litigation process.