Does My Case Have to Go to Court?
Are you wondering, does my case have to go to court? Going to court can be a costly and stressful procedure, particularly when you’re dealing with a minor claim. However, there are alternative services available that can remove the need for a formal hearing. In this way, you can often reach a settlement faster, save money, preserve relationships and have your say in a less formal setting. Here are a few of the alternative resolution services we offer at Brisbane Injury Lawyers:
Mediation is a process whereby an impartial person (the mediator) helps two parties to negotiate with each other in order to resolve a dispute. Mediation is voluntary and relies on an independent professional to help both parties express their points of view in order to identify the issues which need to be addressed.
The mediator does not express any views of their own or offer advice; their role is simply to facilitate discussion in an informal setting, allowing both parties to feel that their voice has been heard and ultimately come to a mutual agreement.
Arbitration is a more formal process of dispute resolution. The parties involved in a disagreement are invited to argue their case in front of an independent arbitrator, who will then make a decision on how to resolve the issue. The decision made by the arbitrator is binding and both parties must comply with the terms of the agreement. This method is most commonly used in industrial or contractual disputes between businesses and where significant assets or privacy issues are involved.
Family Dispute Resolution
Family dispute resolution is a specific form of dispute resolution used to avoid going to court in cases dealing with child custody arrangements, the division of property, or similar family-related issues. The aim of family dispute resolution is to facilitate productive discussion in order to reach an agreement that suits all involved parties and is in the best interests of any children. Taking part in family dispute resolution is often required before applying for a parenting order.
This process involves an impartial legal professional (the conciliator) who can provide the disputing parties with assistance and advice in order to come to a settlement. The conciliator will be experienced in the topic of the dispute and will be able to advise both parties of their rights and obligations in the situation. Conciliation is commonly used in situations where protection of rights is a concern, such as in equal opportunity disputes.