Tuesday, November 8, 2011

Court delays and mediation

A recent article in the legal affairs section of the Australian highlights the advantage of mediation in offering a speedy and readily available solution to people in conflict.


The article in The Australian on Friday 28 October 2011 outlined concern over delayed judgments in the Brisbane registry of the Federal Magistrates Court coinciding with a surge in the court's workload.


Although the Federal Magistrates Court deals with the majority of family law matters a shortage of magistrates is said to have led to extensive delays in the Bribane registry.


President of the Queensland Family Law Practitioners Association Deborah Awyzio is quoted as saying that the biggest problem associated with the delays in Brisbane was that parties awaiting judgment "essentially have to put their lives on hold".


One of the advantages of mediation is that it can be undertaken at any time and you don't have to wait for a court to be available to hear your dispute.


Whereas court proceedings are often drawn out which increases the costs, mediation can be organised and implemented quickly and usually completed in a day.If people reach agreement they can avoid the long delays in court judgments being delivered.


At mediation a person is able to present his or her case and hear the other person's version at an early stage of the matter and the process allows for commercial or lateral solutions which may not otherwise be available.


The whole process can be organised and "done and dusted" quickly, enabling the parties to avoid the delay and uncertainty and above all the cost of court proceedings.


Mike Emerson
Co-Principal Brisbane Mediations

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