Alternatives to Court

There are more and more true alternatives to going legal these days. 

Most courts, in fact, now require you to try an alternative dispute resolution pathway before you can even make an application to court. Other courts, after you make the initial application require a court ordered alternative dispute resolution process. 

We call it ADR for short.

The earlier you can do ADR, the better. 

So contact a mediator or ADR professional before you even get legal advice. 

Particularly if it is a more emotional sort of matter than a highly legal complex matter, a mediations could be for 90 minutes or half a day. And you’ve got a resolution!

If it’s a consumer matter, if it is a neighbourhood dispute, if is a family issue, then do an early mediation.

If you don’t go to a lawyer first, you won’t be railroaded down a pathway which might be more time consuming and more costly. A lawyer also sets you up into a position that they tell you, “You should be going for …” 

Why not try mediation first? 

The mediator will help you work out what you actually want. 

The mediator will help you clarify what the sub-issues are in the overarching issue, so you can deal with each of the sub-issues and work out options for each of those issues. 

The mediator will directly facilitate you to talk between the two of you, so that you can come to an agreement between yourselves. 

These are not necessarily legal outcomes. 

These are practical outcomes to actually deal with people where you have an ongoing relationship, and you keep control of what the outcomes are yourself.

Doing this through mediation is also a confidential process. 

What you say in mediation stays in mediation. 

This makes it open for you to discuss all sorts of options that you might not want to put in writing, if you were trying to negotiate another way, or through a lawyer. You can openly explore. 

You can also say what you feel needs to be said. You’ve got the chance to have a bit of an emotional vent, so you can explain and try and have the other person understand where you’re coming from – which again, you wouldn’t be able to do in writing, or through some kind of court process, or negotiation through lawyers.

In mediation, you can also apologise for certain aspects of your behaviour! This creates so much goodwill and reciprocity! An apology in mediation does not put you in a situation where you might suddenly be liable in a legal context.

ADR has so many benefits, particularly in terms of time and cost saving.