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Mediation v Litigation

Mediation and litigation offer distinct benefits, and the choice between them depends on the nature of the dispute and the parties' goals. Some key benefits of mediation over litigation:


1. Preservation of Relationships: Mediation fosters open communication and cooperation, which can help preserve relationships. Litigation, being adversarial, can often strain or damage relationships.


2. Cost-Effective:Mediation is generally less expensive than litigation. It involves fewer formal procedures, fewer legal fees, and shorter timelines.


3. Speed: Mediation is typically faster than litigation.


4. Control: Parties in mediation have more control over the outcome. They actively participate in crafting the solution, whereas in litigation, a judge makes the final decision.


5. Confidentiality: Mediation proceedings are confidential, which means discussions and agreements are private.


6. Flexibility: Mediation allows for creative and flexible solutions that may not be available through litigation.


7. Win-Win Solutions: Mediation aims for mutually beneficial solutions.


8. Court Avoidance: Mediation can help parties avoid the uncertainty and potential risks associated with court decisions. It keeps the control in the hands of the parties involved.


In summary, mediation can be a preferred choice when parties value preserving relationships, want a quicker and less expensive resolution and seek more control over the outcome. However, it's essential to recognise that not all disputes are suitable for mediation, especially those involving complex legal issues or when one party is unwilling to cooperate. In such cases, litigation may be the more appropriate option.


To book your mediation go to www.thefamilyresolutionhub.com.au


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