People often ask why they would consider using mediation to resolve conflict.The
reasons are many and varied but generally include the following:
•It
offers the opportunity for faster solutions;
•It is cheaper than litigation;
•You retain control rather than have others make decisions for you;
•It
is less destructive of relationships;
•It is more informal than the court
process;
•Parties can participate with or without their lawyers;
•It is
confidential to the extent allowed by law;
•The process can be terminated or
suspended at any time.
The point about being less destructive is
particularly important where parties have to engage in an ongoing business
relationship or separated parties have an ongoing responsibility to parent
children.
Mike Emerson Co-principal Brisbane Mediations
Showing posts with label parenting disputes. Show all posts
Showing posts with label parenting disputes. Show all posts
Thursday, January 31, 2013
Thursday, November 15, 2012
Advantages of Mediation
Sometimes I am asked to explain the advantages of mediation. There are many such
advantages including the following:
• Mediation can be undertaken at anytime.You don’t have to wait for a court to be available to hear your dispute;
• Litigation is expensive whereas mediation can be cost effective. Court proceedings are often drawn out which increases the costs, whereas mediation can be organised and implemented quickly and usually completed in a day. Of course if the mediation is unsuccessful and the matter proceeds to trial then the cost of the mediation is an additional expense for the parties;
• The parties retain control of the outcome at all times,whereas in the court process you are handing control to a third party and asking him or her to make a decision(which ultimately neither party may be happy with).In mediation, the mediator has no authority to make decisions about the issues, however remains in control of the process;
• At mediation, a party is able to present his or her case and hear the other party’s case at an early stage of the matter and the process allows for commercial or lateral solutions which may not otherwise be available;
• One of the great benefits of mediation to participants is privacy. If the matter is resolved the parties can put the matter behind them and confidentiality can be preserved;
• Speed- the whole process can be organised and “done and dusted” quickly. Mediation is quicker then litigation and this helps the parties to avoid delay and uncertainty;
• Simplicity – the process is far simpler and more user friendly than a trial but of course this brings disadvantages with it as well, as the parties don’t always have the protections that a trial provides;
• Mediation, gives parties “their day in court”. Whilst they won’t be in Court in the usual sense, if they are listened to and have the opportunity to be heard then they can feel part of the process and satisfied that they have been heard;
• Litigation does not always provide a fair result whereas in mediation the mediator is not a Judge and can assist the parties in reaching a resolution that they are both able to live with;
• Mediation is not only cheaper and quicker than litigation but may also save in terms of emotional stress;
• Mediation can help to reduce long term tension and hostility between parties and in so doing improve communication between disputing parties which provides a benefit in terms of future co-operation, particularly where an ongoing relationship is necessary, such as where a separating couple has children;
• Involvement of the parties in the decision making produces a sense of ownership and desire to see any settlement implemented;
• Mediation is a reasonably loosely defined concept and unlike the judicial process is not governed by stringent rules as to how and what the mediator and parties can do. This flexibility is both an advantage and a disadvantage.
In a later blog, I will list some of the disadvantages of mediation,one of which is that agreements reached are often not subject to the scrutiny of the Courts and can at times be criticised for favouring the more powerful party.
Sometimes it is necessary for the parties to travel some distance down the litigation pathway before the matter is ready for Mediation.
There is of course a role for litigation,however mediation can offer very real advantages for parties in the right circumstances.
Mike Emerson Co-Principal Brisbane Mediations
• Mediation can be undertaken at anytime.You don’t have to wait for a court to be available to hear your dispute;
• Litigation is expensive whereas mediation can be cost effective. Court proceedings are often drawn out which increases the costs, whereas mediation can be organised and implemented quickly and usually completed in a day. Of course if the mediation is unsuccessful and the matter proceeds to trial then the cost of the mediation is an additional expense for the parties;
• The parties retain control of the outcome at all times,whereas in the court process you are handing control to a third party and asking him or her to make a decision(which ultimately neither party may be happy with).In mediation, the mediator has no authority to make decisions about the issues, however remains in control of the process;
• At mediation, a party is able to present his or her case and hear the other party’s case at an early stage of the matter and the process allows for commercial or lateral solutions which may not otherwise be available;
• One of the great benefits of mediation to participants is privacy. If the matter is resolved the parties can put the matter behind them and confidentiality can be preserved;
• Speed- the whole process can be organised and “done and dusted” quickly. Mediation is quicker then litigation and this helps the parties to avoid delay and uncertainty;
• Simplicity – the process is far simpler and more user friendly than a trial but of course this brings disadvantages with it as well, as the parties don’t always have the protections that a trial provides;
• Mediation, gives parties “their day in court”. Whilst they won’t be in Court in the usual sense, if they are listened to and have the opportunity to be heard then they can feel part of the process and satisfied that they have been heard;
• Litigation does not always provide a fair result whereas in mediation the mediator is not a Judge and can assist the parties in reaching a resolution that they are both able to live with;
• Mediation is not only cheaper and quicker than litigation but may also save in terms of emotional stress;
• Mediation can help to reduce long term tension and hostility between parties and in so doing improve communication between disputing parties which provides a benefit in terms of future co-operation, particularly where an ongoing relationship is necessary, such as where a separating couple has children;
• Involvement of the parties in the decision making produces a sense of ownership and desire to see any settlement implemented;
• Mediation is a reasonably loosely defined concept and unlike the judicial process is not governed by stringent rules as to how and what the mediator and parties can do. This flexibility is both an advantage and a disadvantage.
In a later blog, I will list some of the disadvantages of mediation,one of which is that agreements reached are often not subject to the scrutiny of the Courts and can at times be criticised for favouring the more powerful party.
Sometimes it is necessary for the parties to travel some distance down the litigation pathway before the matter is ready for Mediation.
There is of course a role for litigation,however mediation can offer very real advantages for parties in the right circumstances.
Mike Emerson Co-Principal Brisbane Mediations
Wednesday, November 9, 2011
Issues of Parenting Arrangements for Very Young Children
The attached paper by principal Denise Britton specifically addresses the issue of parenting arrangements for very young children. http://bit.ly/tdAF9M
Thursday, June 9, 2011
Tuesday, May 10, 2011
Why use Mediation
People often ask why they would consider using mediation to resolve conflict.The reasons are many and varied but generally include the following:
•It offers the opportunity for faster solutions;
•It is cheaper than litigation;
•You retain control rather than have others make decisions for you;
•It is less destructive of relationships;
•It is more informal than the court process;
•Parties can participate with or without their lawyers;
•It is confidential to the extent allowed by law;
•The process can be terminated or suspended at any time.
The point about being less destructive is particularly important where parties have to engage in an ongoing business relationship or separated parties have an ongoing responsibility to parent children.
Mike Emerson Co-principal Brisbane Mediations
•It offers the opportunity for faster solutions;
•It is cheaper than litigation;
•You retain control rather than have others make decisions for you;
•It is less destructive of relationships;
•It is more informal than the court process;
•Parties can participate with or without their lawyers;
•It is confidential to the extent allowed by law;
•The process can be terminated or suspended at any time.
The point about being less destructive is particularly important where parties have to engage in an ongoing business relationship or separated parties have an ongoing responsibility to parent children.
Mike Emerson Co-principal Brisbane Mediations
Tuesday, April 12, 2011
Advantages of Mediation
Sometimes I am asked to explain the advantages of mediation. There are many such advantages including the following:
• Mediation can be undertaken at anytime.You don’t have to wait for a court to be available to hear your dispute;
• Litigation is expensive whereas mediation can be cost effective. Court proceedings are often drawn out which increases the costs, whereas mediation can be organised and implemented quickly and usually completed in a day. Of course if the mediation is unsuccessful and the matter proceeds to trial then the cost of the mediation is an additional expense for the parties;
• The parties retain control of the outcome at all times,whereas in the court process you are handing control to a third party and asking him or her to make a decision(which ultimately neither party may be happy with).In mediation, the mediator has no authority to make decisions about the issues, however remains in control of the process;
• At mediation, a party is able to present his or her case and hear the other party’s case at an early stage of the matter and the process allows for commercial or lateral solutions which may not otherwise be available;
• One of the great benefits of mediation to participants is privacy. If the matter is resolved the parties can put the matter behind them and confidentiality can be preserved;
• Speed- the whole process can be organised and “done and dusted” quickly. Mediation is quicker then litigation and this helps the parties to avoid delay and uncertainty;
• Simplicity – the process is far simpler and more user friendly than a trial but of course this brings disadvantages with it as well, as the parties don’t always have the protections that a trial provides;
• Mediation, gives parties “their day in court”. Whilst they won’t be in Court in the usual sense, if they are listened to and have the opportunity to be heard then they can feel part of the process and satisfied that they have been heard;
• Litigation does not always provide a fair result whereas in mediation the mediator is not a Judge and can assist the parties in reaching a resolution that they are both able to live with;
• Mediation is not only cheaper and quicker than litigation but may also save in terms of emotional stress;
• Mediation can help to reduce long term tension and hostility between parties and in so doing improve communication between disputing parties which provides a benefit in terms of future co-operation, particularly where an ongoing relationship is necessary, such as where a separating couple has children;
• Involvement of the parties in the decision making produces a sense of ownership and desire to see any settlement implemented;
• Mediation is a reasonably loosely defined concept and unlike the judicial process is not governed by stringent rules as to how and what the mediator and parties can do. This flexibility is both an advantage and a disadvantage.
In a later blog, I will list some of the disadvantages of mediation,one of which is that agreements reached are often not subject to the scrutiny of the Courts and can at times be criticised for favouring the more powerful party.
Sometimes it is necessary for the parties to travel some distance down the litigation pathway before the matter is ready for Mediation.
There is of course a role for litigation,however mediation can offer very real advantages for parties in the right circumstances.
Mike Emerson Co-Principal Brisbane Mediations
• Mediation can be undertaken at anytime.You don’t have to wait for a court to be available to hear your dispute;
• Litigation is expensive whereas mediation can be cost effective. Court proceedings are often drawn out which increases the costs, whereas mediation can be organised and implemented quickly and usually completed in a day. Of course if the mediation is unsuccessful and the matter proceeds to trial then the cost of the mediation is an additional expense for the parties;
• The parties retain control of the outcome at all times,whereas in the court process you are handing control to a third party and asking him or her to make a decision(which ultimately neither party may be happy with).In mediation, the mediator has no authority to make decisions about the issues, however remains in control of the process;
• At mediation, a party is able to present his or her case and hear the other party’s case at an early stage of the matter and the process allows for commercial or lateral solutions which may not otherwise be available;
• One of the great benefits of mediation to participants is privacy. If the matter is resolved the parties can put the matter behind them and confidentiality can be preserved;
• Speed- the whole process can be organised and “done and dusted” quickly. Mediation is quicker then litigation and this helps the parties to avoid delay and uncertainty;
• Simplicity – the process is far simpler and more user friendly than a trial but of course this brings disadvantages with it as well, as the parties don’t always have the protections that a trial provides;
• Mediation, gives parties “their day in court”. Whilst they won’t be in Court in the usual sense, if they are listened to and have the opportunity to be heard then they can feel part of the process and satisfied that they have been heard;
• Litigation does not always provide a fair result whereas in mediation the mediator is not a Judge and can assist the parties in reaching a resolution that they are both able to live with;
• Mediation is not only cheaper and quicker than litigation but may also save in terms of emotional stress;
• Mediation can help to reduce long term tension and hostility between parties and in so doing improve communication between disputing parties which provides a benefit in terms of future co-operation, particularly where an ongoing relationship is necessary, such as where a separating couple has children;
• Involvement of the parties in the decision making produces a sense of ownership and desire to see any settlement implemented;
• Mediation is a reasonably loosely defined concept and unlike the judicial process is not governed by stringent rules as to how and what the mediator and parties can do. This flexibility is both an advantage and a disadvantage.
In a later blog, I will list some of the disadvantages of mediation,one of which is that agreements reached are often not subject to the scrutiny of the Courts and can at times be criticised for favouring the more powerful party.
Sometimes it is necessary for the parties to travel some distance down the litigation pathway before the matter is ready for Mediation.
There is of course a role for litigation,however mediation can offer very real advantages for parties in the right circumstances.
Mike Emerson Co-Principal Brisbane Mediations
Thursday, April 7, 2011
Australia World Leader with Mandatory Mediation in Family Law Parenting Disputes
Los Angeles Attorney, Mark Baer, has praised Australian reforms in Family Law whilst expressing concerns about recent Californian legislation likely to increase time, expense and the adversarial nature of Family Law matters. According to Mr Baer, "It's time for our (USA) government to affect (sic) a reform in the family law system to shift the emphasis from litigation, as the dominant practice, to mediation ... Litigation is not only more expensive but it is also more damaging to the family system which still has to maintain contact and function, to some extent, when there are children involved." Mr Baer comments on the British introduction from 6 April 2011 of a requirement for divorcing couples in England and Wales to undergo mediation for both parenting and financial issues before being allowed to access the courts. He points out that this reform follows the Australian example. In Australia, except in certain exceptional circumstances, Registered Family Dispute Resolution Practitioners must issue Certificates indicating that parties have attempted to resolve their parenting disputes at mediation before an application can be made for intervention by either the Family Court or Federal Magistrates Court. Denise Britton - Co-Principal, Brisbane Mediations http://mwne.ws/gMJI0f
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