Would-be litigants avoid Family court backlog

15 July2012

Would-be litigants avoid Family Court backlog

Ordinary people are taking control of their legal matters in an effort to short-circuit the lengthy delays caused by growing backlogs in the court systems.

Would-be litigants are opting to avoid court waiting lists of up to two years by using dispute resolution services as a quicker, less expensive and more amicable alternative to Queensland’s under-resourced court system.

Dispute resolution centre Brisbane Mediations is offering free advice through a new initiative aimed at alleviating some of the Family Court’s backlog after recent reports  that litigants were waiting up to a year just to have their disputes heard.

Around the table with Mike is a free initiative introduced by Brisbane Mediations where anyone can talk to an accredited family dispute resolution practitioner and psychologist free of charge to obtain initial advice on dispute resolution.

Private mediation services assist parties in reaching voluntary resolutions that can be formalised as a binding court order and, unlike courts, utilise psychologists, social workers, solicitors, barristers and accountants, who can reduce the stress involved in litigation.

Brisbane Mediations Principal Mike Emerson said by opting for a private mediation, people could schedule mediations at short notice and avoid the costly court process, which has seen families lose their homes to fund legal bills.

“Although private mediation does involve an expense, it is by far more financially beneficial to avoid the courts,” Mr Emerson said.

“Many people who have had no experience in dealing with the law don’t realise that there is an alternative that can resolve their case extremely quickly, often reaching an agreement by the end of the day.

“Private mediation can save you from putting your whole life on hold or having to subject yourself or your children to the trauma of preparing for, and giving evidence in, court.”

People wanting to explore mediation can access it through their lawyer or approach a mediation agency directly.

Mr Emerson said the Around the table with Mike initiative would help introduce people to alternative dispute resolution in a friendly and relaxed environment.

The initiative will be held on the first and third Wednesdays of each month from 4pm until 6pm beginning 18 July 2012.

For more information visit www.brisbanemediations.com.au or phone 07 3839 7400.

                    

About Brisbane Mediations

The Brisbane Mediations panel has over 30 registered family dispute resolution practitioners including psychologists, social workers, solicitors, barristers and accountants. Brisbane Mediations is able to handle a variety of mediations including relationship, financial, workplace, organisational and child-inclusive mediations.

Mediating to avoid Court delays

One reason for using mediation is that unlike the court process, a mediation can be convened at any time to suit the parties.

Trials have become a very expensive process with courts under resourced and serious court delays resulting.These days it is not unusual for disputing parties to have to wait for a year or more to get a hearing.Particularly in the relationship area this is most unsatisfactory with parties having to put their lives on hold while they await a hearing.Sometimes it is necessary for properties to be revalued and other circumstances can change significantly.

Delays in getting a hearing are only part of the problem however as even after a final hearing parties often have to wait long periods for a decision.Courts do their best to avoid these delays, but they inevitably occur.As recently as last weekend there was a report in the Brisbane Courier Mail detailing delays in the Family Court and Federal Magistrates Court and the inpact they were having.

Mediation offers parties in dispute the opportunity to resolve their dispute without these delays.Mediation can be convened with little notice and scheduled quickly.Consequently because of the high success rate of mediation, parties  often resolve their disputes without the delays associated with court proceedings.Apart from being organised quickly, there is no waiting for an outcome, as if parties are able to reach a resolution, then they usually leave with an agreement which can be formalised in a court order.

Parties can access a mediation through their lawyer or approach a mediation agency directly.Some mediation agencies have waiting lists, however private mediation services can usually schedule mediations at short notice and of course with these services lawyers are usually welcome to attend so the parties have ready access to their legal advice in the course of the mediation.At Brisbane Mediations, we have over 30 mediators on our panel so there are no delays in scheduling mediations and lawyers are always welcome.In fact we generally find that lawyers are very helpful in achieving an outcome at the mediation.

The ability to convene mediations at short notice is one of the distinct advantages of mediation.Furthermore mediation has the flexibility of not having to be convened within court hours and the saving to the parties both in terms of costs and emotional distress is enormous.