Mediation and 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.