Mediation instead of court    

Mediation often works best if people try to resolve their dispute as soon as possible, before relationships break down completely. Starting a court case against someone can make them angry or frightened, and this can make them less likely to come to an agreement later.

That is why it is often a good idea to try mediation before going to court. Another thing to consider is that even if you start a case against someone in court, the court may order you to try mediation first before a magistrate or judge will consider your matter. This means it can be simpler to start with mediation instead of court in the first place.

Don't forget: the other big advantage is the time and money you can save by avoiding court. 

What is the difference between a CJC mediation and a court hearing?

​CJC mediation

​Court hearing

Free.​Court fees and lawyer fees.
​No waiting lists.​May take weeks or months or years to finalise.
​Informal.​Formal.
​Confidential.​Open to the public.
​The people involved decide what is discussed.​Only legal issues can be discussed.
​The people involved make their own agreement. ​Decisions are imposed by the court, and enforced by the court.
​It's not about winning or losing - the parties try to reach and agreement they can both live with.​There is a winner and a loser.
​Does not require legal representation; legal advice may be helpful.​Generally requires legal representation.
 
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