Personal disputes can arise in many areas of life, ranging from familial relationships to working relationships with colleagues. While most disputes tend to be relatively minor and easily resolved, more serious disputes can quickly escalate if they are not addressed appropriately. In Victoria, individuals involved in more serious disputes have access to legal options like intervention orders to protect themselves. However, in less severe cases where safety isn’t immediately at risk, mediation can be a viable alternative for dispute resolution. In this post, we take a closer look at what mediation is and when it can be used as an alternative to intervention orders.
What is Mediation?
Mediation refers to a process where two parties in dispute work together with a neutral third party known as a mediator to communicate, identify issues and work together a mutually agreeable solution. It is a voluntary and confidential process that is often used as an alternative to legal proceedings. It is also informal and is therefore uniquely suited to situations where preserving the relationship or maintaining respectful communication between the parties may still be a priority.
Can Mediation Be Used as an Alternative to Intervention Orders?
Mediation can generally be used as an alternative to intervention orders as long as certain requirements are met. Notably, in order for mediation to be used, the dispute in question cannot be about stalking behaviour. At the same time, there also cannot be any real risk of violence, threats or harm to the parties. If either of these conditions is not fulfilled, an intervention order may be the only option available. Mediation is also a voluntary process. This means that both parties must agree to do mediation before it can proceed. Courts may also provide guidance directing parties to proceed with mediation in certain situations.
How to Apply for Mediation?
Certain organisations such as the Dispute Settlement Centre of Victoria offer free and confidential mediation programmes. If you are involved in a dispute, you can apply directly for mediation with such organisations. Alternatively, you may also obtain a referral for mediation from the magistrate at your court hearing or the court registrar at the time when you apply for an intervention order. If you receive such a referral, you can then get in touch with the dispute assessment officer whom you have been referred to. They will interview you as well as the other party to determine whether your case is suitable for mediation and advise you on the next steps.
Engage a Lawyer When in Doubt
If you are involved in a personal dispute but are in doubt about the mediation process or any relevant legal proceedings, a criminal lawyer would be able to provide you with the best advice tailored to your situation. Leanne Warren & Associates are the leading criminal and assault lawyers in Melbourne. Contact us today for a free consultation to find out more about how we can help you with your legal needs.
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