The way disputes are resolved is broken. We’ve long been conditioned to believe that the only way to resolve an issue between people is have lawyers involved. Lawyers, by nature are trained to litigate. In an adversarial environment, they take positions, each in their own corner, with their client by their side. The longer a matter takes to resolve, the more battle weary the client becomes and the more money they pay, often to end up with a decision by the court that no-one is happy with.
In Australia, our courts are choked with litigation and judicial officers are screaming for more steps to be instituted that make people come to their senses that resolving disputes through litigation simply doesn’t work.
In the context of family law, already there are steps requiring mediation that are mandatory.
It’s out of this experience that Mediations Australia exists!