Mediation Creates Outcomes that a Court Can’t

Mediation Outcomes – Better than Court Outcomes

During the last week I have conducted two mediations that have been quite challenging, particularly for the parties involved.  In both cases the parties were able to resolve very important issues which, unless resolved, would have had a significant impact on the lives of both families.

I have previously written an article on the impact of family court proceedings on small family business and one of my recent mediations resulted in an agreement which, if the parties remain focused, will prevent their family business from failing and prevent one of the parties becoming bankrupt.  The financial outcomes in litigation would have meant that the assets that they currently had would have been considerably erroded by legal costs and at the end of the day their business would have ceased to exist.  The whole family would have suffered financial hardship and distress.

In addition, in the other matter the parties were able to finalise some related Supreme Court proceedings and Family Court proceedings which had already consumed significant costs.  Mediation was the only way that both matters in two separate courts could have been settled at the same time.  Litigation would not have achieved that outcome.

It is a very rewarding process when it works for the parties.  It is always rewarding for the mediator to see parties reach mutually agreeable coutcomes particularly when it would not have been possible for a Court to be as creative as mediation can be in generating options.

The aim of my blog is to increase public awareness of the availability of mediation and the alternatives to litigation that are available to everyone should they choose to do so.