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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?

Fact Sheet: Negotiation and mediation in the Federal Court and Federal Circuit CourtDownload PDF (206 KB)

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  This resource was last updated on 9 October 2015. This is legal information only and does not constitute legal advice. You should always contact a lawyer for advice specific to your situation. Please view our disclaimer for more information.

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