Mediation at Court
Almost always, the Courts require parties in a Court case to go to mediation.
Most of the time, this happens early.
Much of the time, it results in settlement.
I have no statistics on this, but in my experience something like 65% of all cases settle early, at a Court mediation.
The remainder (approx 30% of all cases) settle by way of:
- correspondence between the parties' lawyers; and
- informal meetings between parties/lawyers at their offices.
Our civil court system is geared towards a mediated outcome.
This includes requiring parties/ lawyers to lodge documents with the Court.
Statements of Claim and Statements of Defence are necessary for each side to assess the case, for decision-making about settlement.
Read these booklets/ factsheets/ webpages put out by the Courts, explaining their mediation programs: