Mediate Not Litigate Nationally Accredited Mediators

Mediation is a quick and cost effective process available to parties who find themselves in dispute. An effective Mediator will enable parties to take control of the issues and resolve the dispute. Mediation gives the parties the possibility of achieving a "win - win" solution to the dispute.

We are dedicated to the cost effective resolution of conflict and disputes. We will mediate any dispute anywhere in the eastern states of Queensland, New South Wales and Victoria together with Tasmania. We have developed Mediate Not Litigate from our strong belief in the value of the mediation model promoted by the Australian National Mediator Standards 2007.

Why Choose Mediation Instead of Litigation?

Preserving relationships

Mediation may allow you to preserve your relationship with the other party to the dispute in a way which would not be possible if your dispute was litigated in court.

How does Mediation save me time and money?

The cost of mediation is but a fraction of the cost of litigation.

Multi party disputes result in each party sharing equally the cost of the mediation. However these types of cases are very costly to litigate.

Instead of taking years to reach a trial a successful mediation can be reached in weeks or months.

A settlement avoids the prospect of an appeal after the trial.

How does Mediation reduce the emotional cost of being in conflict?

1. You have the opportunity to be heard well before trial
2. You have the chance to rid yourself of negative emotions which are often the driving force behind litigation.
3. You can avoid the paralysing effect of an unwanted interference with your plans for business and your plans for life.
4. You can limit the emotional impact of litigation

How can I control the process?

Mediation is a decision making process which assists you in reaching an agreement.

Unlike litigation you achieve finality with the certainty of an outcome of your own making.

Confidentiality - Will anything I say in mediation be used against me?

You have the freedom to discuss any aspect of your dispute with the other party and the mediator as what you say is confidential. All parties will need to agree to a confidentiality clause as part of our Mediation Agreement.

That means that as far as the law allows what you say cannot be disclosed to others outside the mediation.

If you wish to say anything in confidence to the mediator without the other party knowing the mediator will be bound to keep what you say confidential unless you tell him/her otherwise.

How does Mediation allow me to create an outcome even if my lawyer says I have a good case?

Your lawyer may be right but litigation is bedevilled by uncertainties such as:

1. The state of the law
2. How the law will be interpreted, or in other words, the Judge appointed to hear your case
3. The reliability of witnesses
4. The quality of legal representation
5. The time (sometimes years) to obtain a decision
6. The cost (both financially and emotionally) to you

Mediation allows creativity by enabling you to devise solutions which may be "outside of the square".

For example, a builder who is seeking money under contract whilst facing a significant defects claim, may agree to purchase the home from the owner.

Will I be given advice about my case?

We cannot give legal advice even though we are lawyers. However we can assist you in identifying the relevant issues of the dispute so that you can seek advice.

Can I seek legal advice?

Yes. It may be of assistance to you. It is not unusual for parties to have access to their lawyer during the mediation.

If your dispute is unusually complex we will discuss with you an appropriate preparation fee.

When will my case be settled?

When the agreement is in writing and signed by all parties and, if appropriate, lodged at Court. The use of lawyers for this task is of great assistance and is to be encouraged.