The Advertiser recently published an article about deceased estates and the long waiting times people are now facing when seeking legal action. This highlighted the need for the government to feed more cases down alternative dispute resolution pathways instead of expecting the traditional court system to handle them all. While the adversarial court system still has purpose, the delays are becoming an issue that cannot be denied.
‘South Australians are waiting six times longer and paying thousands of dollars more than people interstate to get the legal approval to distribute the assets of a deceased person’s estate. Law Society of SA President Tim Mellor [says] the legal approval to distribute the assets of a deceased person’s estate — is far too time-consuming and costly’
The longer a dispute goes on, the more costly it is personally for those involved. Things can continue to escalate while the dispute is waiting to be heard, delays in the court system, and then delays with paperwork and process, can see a fairly straight forward dispute, be pushed right out. Those involved lose precious time to get on with life post dispute, and things balloon way out of proportion, including the legal costs.
MEDIATION – THE SMART WAY TO RESOLVE DISPUTES
We believe that mediation can be a powerful tool when it comes to resolving disputes including contested estates between family members. Not only is it a time and cost effective strategy to get to finalise the dispute and achieve some kind outcome, it really takes a lot of the excess pressure out of the situation.
- Mediation considers all interests as well as the law
- Mediation is quick and saves time and stress
- Mediation puts you in control
- Mediation is cost effective and saves you money
- Mediation is future focused
- Mediation considers all the risks
- Mediation offers privacy
- Mediation preserves relationships
- Meditation is beneficial for solicitors
- Mediation results in lasting and more robust agreements
A Mediation can be commenced within 24-48 hrs, and disputes can be resolved within a 7 days period, all parties willing. Mediation can minimise long term stress, avoid the cost of a court hearing and achieve the best outcome in the shortest possible time, offering you the chance to get on with what you do best, without the stress that long drawn out court cases can bring.