Negotiation and mediation in the Federal Court and Federal Circuit Court

What is this resource?

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.

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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