Negotiation and mediation in the Federal Court and Federal Circuit Court

This fact sheet can help you develop an understanding of, and a strategy for negotiating and mediating with the opposite party during a legal dispute.

9 October 2015

Mediation and negotiation can help you and the other party reach a settlement. There are many advantages behind why you should consider this option in resolving your matters:

• it is cost-effective, as court hearings can be expensive and the outcome may not be what you expect
• a settlement will take into account the needs of both you and the other party, therefore, ensuring a satisfactory resolution for everyone
• the courts face limitations when making decisions, under the law and, as such, the result of a court hearing could be something neither party wants

This fact sheet covers:

• What are negotiation and mediation?
• Strategies for negotiation or mediation
• Negotiation
• Mediation
• Calderbank offers and offers of compromise
• What if your matter settles?
• What if your matter does not settle?

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