One of the advantages of mediation is that it provides a means for disputing parties to resolve their conflict without the prohibitive costs of litigation.
While access to Court is seen as a fundamental right of citizens, the costs of accessing justice are such that few can afford it. The rich understandably can and at the other end of the scale legally aided parties can obtain representation, but for the vast majority in between legal costs are a reality that quite often denies them access to the hearing they seek.
An aspect of legal costs that adds to the overall burden are Court fees themselves, i.e. the fees Courts charge quite apart from legal costs paid to Lawyers. Court fees in respect of the Federal Courts were increased from July 2012 and again from January 2013.
Clearly the Government is signalling that whenever possible it wants parties to seek to resolve their dispute outside the Court system.
Mediation offers many other advantages but one of it's most attractive features is the saving in Legal costs and Court fees if the parties are able to resolve their dispute.
While many would see anything that denies people access to Court as denial of a fundamental right the reality is that people cannot afford Legal costs and mediation must seek to fill the gap.
