If Meditation Fails, What Next? Court?


Mediation is a beneficial process that two parties, either commercial or civil enter to attempt to resolve a disputed issue, without involving legal proceedings. The process involves a third-party mediator who will help both parties and their attorneys come to a resolution.

The mediator will collect and consider all the evidence and facts to present the predicted likely outcome to both parties. However, the parties can disagree, leading to unsuccessful mediation attempts.

Mediation may be able to resolve some parts of a dispute, but overall it may be unable to reach a settlement between both parties.

What happens if both parties cannot come to an agreement? What if mediation fails in divorce?

A few options are available, including:

  1. Take the case to court – The law gives the right for individuals and entities to sue another party for compensation or as a result of a specific action, such as breach of a contract, defamation or negligence. In this case, a judge or jury will be responsible for resolving the dispute.
  2. Restart the mediation process – Some parties choose to go to another mediation process, as the current mediator may have just been ineffective.
  3. Negotiate privately – A settlement is possible to reach through private negotiations, without involving formal proceedings.

Are you unfortunately having to head to court? Find out how to get your best chances of a successful case by reading about litigation.

What is litigation?

Disputes between either individuals or entities that fail to resolve through mediation and other out-of-court methods, will generally end up being heard in the court system.

In the case that your dispute ends up in court, it is important to consider hiring the expertise of a litigation lawyer, even if you didn’t during mediation or other pre-legal approaches.

Legal disputes are stressful, however, with the right lawyer doing the hard work for you, the process can be made simpler and easier for you.

Litigation is useful in all stages of disputes, including:

  • Alternate dispute resolutions (outside court)
  • Pre-lawsuit negotiations
  • Lawsuit filing
  • Trial and court proceedings
  • Post-trial litigation

What does a litigation lawyer do?

Litigation lawyers will protect your interests and either represent you in court or find an appropriate barrister to do so. The role of the lawyer is to achieve the most favourable outcome for you.

Your litigation lawyer will assist you with all legal documents and ensure all are correct and done in a timely manner. Documents including:

  • Complaints
  • Affidavits
  • Defences
  • Discovery
  • Interrogatories
  • Further and Better Particulars

Civil and commercial cases

At TY Lawyers, we handle both civil and commercial disputes by representing your out-of-court, or in court procedures and interests.

It is important to reach out to a litigation lawyer, as they present your dispute in an effective way, which will maximise your chances of success; regardless of whether you are the plaintiff or defendant.

Whether you are an individual or commercial entity who is currently entering or in the middle of a dispute with no end in sight, TY Lawyers located in Sydney is the perfect place for you.

Our experienced lawyers will defend your interests in and out of the courtroom and fight for your best outcome. What we value is the trust, transparency and fairness we have with every client of ours.

Contact TY Lawyers by clicking here if you are in trouble and require a lawyer in Sydney.


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