In most litigation cases these days the Court requires the parties to attempt to resolve the dispute before asking for a court to determine the issue.
In New South Wales, mediation of a Family Provision Claim is compulsory before you are able to proceed to trial.
What is Mediation?
Mediation is simply an attempt by the parties to resolved the disputed matter.
Where is Mediation held?
Depending upon whether legal proceedings have been instituted mediation is held at a place agreed between the parties.
In family provision cases in New South Wales mediation is held at the Supreme Court in Sydney as the Court provides free rooms and a free mediator.
In family provision cases in Queensland each party must share the cost of the room and the mediator.
Should you arrange your own Mediation?
Mediation can be arranged between the parties before any proceedings are instituted in the hope that a resolution can be reached prior to legal fees escalating. However, this is best arranged by a Solicitor so that an appropriate mediator can be appointed so that the rules each party must comply with during the mediation are explained and adhered to.
Why Mediation so important?
Mediation is important as it provides a useful way for the parties to compromise and settle the dispute on the day or shortly thereafter. It also provides the parties with some control over the outcome.
Also everything said and done at mediation is confidential. Nothing verbal or written can be taken from the room and used in court is the matter is not able to be resolved at the mediation.
Advantages of Mediation?
- It is less expensive;
- Mediation can be arranged and held far more quickly than waiting for a trial date from the Court;
- The Court process before a Judge can take many days and involve each party having to call various witnesses and be cross-examined;
- Once agreement is reached between the parties it is final; and
- You and the other party have control over how the dispute is settled.
If you think you are eligible to contest a Will and would like further advice please contact our Department Manager Lesley Barnes, on direct line (07) 5506 8241 or by email on [email protected] to arrange an appointment.