Legal

Issue No. 59 - June/July 2011

Alternative to litigation

The need for alternative forms of dispute resolution was highlighted last year when former High Court judge, Michael Kirby said justice was beyond the reach of many Australians who could not afford to go to court.

Along with an increasing number of judges and lawyers, he believes in mediation, not litigation, and that court action ought to be the very last resort. Mediation is a process by which a neutral third party, a mediator, helps people in conflict negotiate a mutually acceptable agreement. The parties to the mediation control the outcome.

A mediator facilitates communication, promotes understanding, helps the parties to identify their needs and interests, and uses creative problem solving techniques to enable them to reach the...

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