Randal Binnie is a mediator lawyer with more than 20 years mediation experience.
Mediation (which includes the term "family dispute resolution), simply explained, is a process of self determination in which an independent person assists two or more people or organisations in dispute to negotiate and to reach outcomes that they have created or helped to create rather than have a decision imposed upon them by a third party (e.g. a Judge). It is a form of "assisted negotiation" by engaging an experienced and professional mediator.
Mediation is now an established and recognised effective method of resolving disputes arising out of personal relationships including family law issues concerning children and property, business relationships, estate and will disputes, workplace relationships and neighbourhood relationships. Sometimes mediation outcomes are referred to as a "win-win" outcome as opposed to a litigation "win-lose" outcome. This is because in litigation there must be a loser and a winner. In Mediation the outcome can be looked at in terms of a mutually beneficial agreement which puts the dispute at an end. Brisbane mediations are conducted by Randal Binnie but he also will attend other agreed venues in South East Queensland including the Gold & Sunshine coasts.
The features of mediation are:
Mediation gives you an option that will preserve your dignity and look to the future with certainty of outcomes.
Where ever there is a dispute it may be possible to resolve it through mediation. Mandatory or compulsory mediation (or at least a required attempt at dispute resolution) is legislated in a number of areas including the Family Law Act, Federal Court matters (not all areas) and many areas of debt recovery and civil disputes under state legislation. This is because the value of mediation is recognised and therefore encouraged by both state and federal governments in Australia.
Litigation on the other hand has only one advantage -
You will give given a decision by a third party (judge) guided only by legal principles and legislation. Do you really want an outcome of your private business or private family issues (including family law and will dispute matters)decided by someone who does not know you or your family? If not mediation may be the process you need.