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?
| 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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