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The process wherein two parties agree to be assisted by a neutral third party is known as mediation. The mediation process is used to make two parties agree to settle the various disputed issues.

The mediation process is an unbiased, voluntary, and confidential process that can be terminated anytime by the disputing parties. A reached settlement between the parties involved in the mediation process becomes legally binding when a formal agreement is signed.

Mediation can be used for different contexts other than being a part of legal intervention or court-connected procedures. Other mediation contexts include:

• Educational and religious conflicts
• Wrongful dismissal
• Public or private workplace interpersonal disputes
• Estates and wills disputes
• Personal injury issues
• Neighbourhood and tenant-landlord disputes
• Customer complaints
• Patient complaints against allied professionals such as doctors, dentists, and more
• Working group conflicts
• And a lot more

How effective is the mediation process?

Courts always actively encourage the mediation process as a way of settling conflicts than filing a lawsuit. Many clients also prefer mediation because of the effective conflict resolution it provides. Here’s why:

Saves time and resources

The judicial process as well as the involved parties saves time and resources with mediation. Filing a lawsuit has been seen to cost more, emotionally and financially for all involved parties. It is why mediation is considered today as an invaluable tool for dispute resolution.

Higher satisfaction rate with clients

The benefits of settling out-of-court have made mediation increasingly popular. Numerous studies show that an 80% satisfaction rate is achieved by the mediation process with various clients. It is because parties get control of the outcome, making them feel empowered in a mediation process.

Provide a better perspective

While not all mediation processes end in a clear agreement, almost all participants agree that a better perspective was established by it. The dispute was better understood by all parties when it underwent a mediation process.

With this finding, it is of little wonder that corporations still manage to do business even in the presence of corporate conflicts. The mediation process has been seen as an effective tool to establish healthy communication channels between conflicting parties.

Applicable to all sorts of disputes and conflicts

Mediation is not only applicable to business but also other contexts such as family conflicts. Harmony between divorcing partners for the sake of the children is restored by mediation. However, it should be noted that the mediator cannot declare one party a winner or loser. Mediation is used to settle disputes and conflicts that benefits all involved parties.

Play a key role in dispute resolution

Early implementation of the mediation process has been found by multiple studies as the key to dispute resolution. The host of benefits provided by mediation has inspired many companies to adopt it in the workplace. In-house mediation implemented by some companies has instilled confidence in employees, making them accustomed to resolving their professional conflicts through the process.

A written agreement

A clear and written agreement between the involved parties is the ultimate aim of mediation. Both parties sign the agreement after they have read its agreed and intent terms with a clearly outlined time frame for payment schedules. The written agreement is the highlight of both the mediator and mediation process.

Conflicting parties that opt for mediation stand to win than going through the rigours and expense of a lawsuit. Contact us at Gold Coast Mediation and Dispute Resolution to know more.

Your life in Hervey Bay can be trouble-free and peaceful. However, there are times when something happens to make you seek help from a lawyer, Hervey Bay. The common situations and reasons that can compel you to hire a good lawyer in Hervey Bay include:

Family Law issues

Family law issues are seen as one of the most common reasons for people to seek help from a lawyer. A lawyer with long years of experience in family law is usually the best legal expert to help you with issues such as divorce.

Modifying the original divorce decree could sometimes happen during divorce proceedings. Division of property, child support collection, child custody, visitation rights, and spousal support are some of the changes or modifications in a divorce that need the help of legal expertise.

Adoption

The escalation of adopting a child has made adoption a part of family law. The successful navigation through the intricacies of adoption needs professional help from an experienced lawyer. A family law lawyer is an able ally when you are planning to adopt from an international or local agency. The only way to ensure that the law works in your favour and that of the child is a lawyer that makes sure that all documents are in order.

Starting a business

Starting or forming a business needs the help of a lawyer familiar with the various legal processes needed. This ensures that everything is set up from ownership issues, taxation issues, growth issues, and other legal issues that might crop up.

Being able to determine whether your business falls under the category of a corporation or Limited Liability Company (LLC) is through the help of a good attorney.

Hiring a lawyer to help in forming your business also helps to make you understand all its aspects and concepts. Legal contracts entered between you and clients are better protected and above-board with the help of a lawyer.

Planning your estate

Protecting your assets is what it means to plan your estate. The accumulation of properties and assets happens as people grow older. Having a plan in place for their estates when they pass is planning the estate for the future.

Assets and wealth are better protected when there’s a plan in place. The default state process of having your assets and wealth distributed to unintended people happens when it goes through intestacy when you pass away.

Having a lawyer draw up a will prevents intestacy to happen. With a will on hand, assets will not only be tax-free; they will also be automatically transferred to the specified family members.

Being charged with a crime

Being charged with a crime is one of the top reasons for people to hire a lawyer. A lawyer with expertise in criminal law is the best option when you are charged with a criminal offense.

While there are public defendants, paid by the state to handle your case, the best option is by hiring a private criminal defense lawyer. More focused and individualised representation is received with hiring a private lawyer.

People often hire lawyers under duress. Mistakes in the choice of a lawyer are often the case when the hiring is done hurriedly. The smartest way is to establish a good relationship with a lawyer before anything untoward happens. Choosing the right Hervey Bay lawyer is critical to your success.

A solicitor is a lawyer who practices in all the jurisdictions worldwide and is legally qualified to practice law in those jurisdictions. To be legally defined as a solicitor, an individual should have legally-defined qualifications, which range from one jurisdiction to the other, and then be enabled to practice legally there as such. While lawyers are licensed in their jurisdictions, solicitors do not have that same license. Therefore, they are not considered lawyers in the jurisdictions where they work.

The solicitors are known as the solicitors. In Scotland, the solicitors are known as the barristers. In England, as in most of the world, the principal legal practitioner is the lawyer. However, there are separate legal practitioners, who are known as the barrister general, and the solicitor general.

What is a solicitor?

The solicitor is considered the person who advises or represents a client and is authorized to give legal advice. They are also responsible for representing the principal, or the attorney general, in criminal cases. The only regulating authority is the Legal Complaints Service, which is responsible for ensuring that complaints against the solicitors are dealt with appropriately.

As compared to other parts of the world, solicitors are regulated by the Legal Complaints Service only when they represent a client in a criminal case. Several organizations help solicitors in getting accredited and are known as the Regulation Authorities. They help the solicitors make sure that they are adhering to the law’s high standards and can help them maintain an appropriate relationship with their clients.

The solicitors, in comparison with the barristers, have considerably less complex duties. They do not carry out the critical analysis that is required in cases involving complicated legal work. Barristers are permitted to ask questions about a case’s facts but cannot question any witnesses or make oral arguments on the legal proceedings. However, there are differences between the two professions. For instance, barristers are permitted to give some legal advice to their clients.

What are the responsibilities of a solicitor?

The role and responsibilities of a solicitor are set out in the rules of court. The solicitors are known as the advocates or lawyers, while the barristers are known as the defendants or plaintiffs in a court of law. Both of them offer legal advice to their clients, either in the form of advice regarding the courtroom or offer specific types of legal advice on how a case should be handled. They prepare documents and court reports, as required. Also, the solicitors can draft letters of demand, complaints, and other official paperwork. Furthermore, they may also draft witness statements, make an appearance at court, draft written reports and briefs, draft contracts, and tend court.

Many solicitors also have private law practitioners, who deal with narrower aspects of a client’s case. For instance, a solicitor may specialize in family law or criminal law. Other areas of the law include corporate law, business law, contract law, and so on.

There are some differences between a solicitor and a barrister. A solicitor has the authority to give legal advice. He or she can do this orally in court or by filing documents in court. A barrister, on the other hand, provides legal advice only. As the name suggests, he or she is not a solicitor, but a barrister represents clients in court proceedings, before the court, or represents a group of clients in a law society proceeding.

If you need a solicitor, call SMR Law in Rockhampton.