ADR comparison with the Court System

The NSW Department of Justice and Attorney General is responsible for operating the NSW Court System.

The NSW Local Courts handle all criminal and many civil cases in the first instance.  Law Access NSW provides free legal information, advice, and assistance for people who have a legal problem in NSW.

Remember that once you decide to take a step into the court arena to solve your conflict,  you are likely to need a solicitor and costs might escalate. You have also now exposed your conflict to another. Your ” opponent”  for want of another word, has also exposed their side of the conflict to their solicitor. Now there are four people involved instead of two. Your conflict has now the potential of growing ” out of hand” and your personal control at an amazing rate.  The chances are that you will not only not understand the strategy your solicitor wishes to use, but that you will also disagree with some of it. Your result is that you have two conflicts. One with your opponent, and another with your solicitor. Your opponent faces the same situation. Not only has this complicated matters but the solicitors are also likely to disagree.

Your initial contained conflict has developed into war. Is that what you expected? Is that what you really want?

HOWEVER :

Did you know that you do not have to take your personal, business or other type of dispute to court to have it resolved? The courts sometimes advise that there are other forums, such as mediation, negotiation or arbitration which are more appropriate and many case matters, even though taken to court in the first place, are simply referred by the magistrate to other forums for resolution. It is when this occurs and it does so; more frequently in current times; that you have exposed yourself not only to extra costs, but to excessive emotional stress as well.

You can: initiate mediation, negotiation or arbitration yourself if the person with whom you are in conflict agrees. You might like to involve your solicitor, but you are not dealing with the legal system directly, so there are no court costs to start with. The opportunity to deal directly with a mediator, negotiator or arbitrator is available to you. You may contact any one of these professionals directly and then if you wish can add further legal advice and costs of solicitors after your first meeting.

THE FEDERAL COURT SYSTEM comprises of the following:
Federal Magistrates Court
State Courts

The jurisdiction of the Federal Magistrates Court has grown since its inception and broadly includes family law and child support, administrative law, admiralty law, bankruptcy, copyright, human rights, industrial law, migration, privacy and trade practices. The court shares those jurisdictions with the Family Court of Australia and the Federal Court of Australia. Some work in those jurisdictions continues to be done in state and territory courts also.

REFER TO “ADR” page for explanations for the following

What is Mediation?
What is Negotiation:?
What is Arbitration?
What is Conciliation?
What is an Expert Opinion?