Importance Of Mediation

For approximately 20 years, mediation has been used in varying degrees in Australian courts. Essentially pioneered by Sir Laurence Street AC, KCMG, QC and by The Hon. Trevor Morling QC, a former judge of the Federal Court of Australia. Mediation is a negotiation technique whereby an impartial person, known as a mediator, helps involved parties to distinguish and consider appropriate possibilities and negotiate an agreement to resolve their dispute. It is considered an alternative to court proceedings. Mediation promotes self-determination by clients about how they respond to their own conflict. Evidently the term ‘mediation’ describes a platform of a dispute-resolution practice in which these core values are pursued in a variety of ways. The

The CDRA 2011 (Cth) states that all parties making or considering an application to a Court exercising Commonwealth jurisdiction take “genuine steps to resolve a dispute” before actually going forward. The meaning of “genuine steps” includes “...considering whether the dispute could be resolved by a process facilitated by another person, including an alternative dispute resolution process”. Under this Act, it can be ascertained that mediation is both advantageous and can be used to provide a resolution or settlement for the parties and the courts that are involved. The majority of cases that seem to be using mediation are in relation to Family Law, as the issues discussed are of a personal nature and are deemed sensitive by the parties individually

Mediation means that the parties involved have experienced a reduced amount of anxiety and they have confidence in the process due to the situation feeling less frightening. This can be better when considering the alternative of reliving the experience with a group of strangers who have the authority to decide on the outcome of a conflict that is entrenched on their lives. In mediation, the parties are able to feel as though they are the most important person in the room; and they are invited to come forth and to voice their argument. Indeed, the parties are urged to have their say to the extent that they feel comfortable, and if they would like to speak, they are given an opportunity to