Mediation instead of court

Mediation often works best if people try to resolve their dispute as soon as possible, before relationships break down completely. Starting a court case against someone can make them angry or frightened, and this can make them less likely to come to an agreement later.

That is why it is often a good idea to try mediation before going to court. Another thing to consider is that even if you start a case against someone in court, the court may order you to try mediation first before a magistrate or judge will consider your matter. This means it can be simpler to start with mediation instead of court in the first place.

Don't forget: the other big advantage is the time and money you can save by avoiding court. 

What is the difference between a CJC mediation and a court hearing?

CJC mediation

• Free. 
• ​No waiting lists.
• ​Informal.
• ​Confidential. 
• ​The people involved decide what is discussed.
• ​The people involved make their own agreement.
• ​It's not about winning or losing - the parties try to reach and agreement they can both live with.
• ​Does not require legal representation; legal advice may be helpful. 

Court hearing

• Court fees and lawyer fees.
• ​May take weeks or months or years to finalise.
• ​Formal.
• Open to the public.
• Only legal issues can be discussed.
• Decisions are imposed by the court, and enforced by the court.
• ​There is a winner and a loser.
• Generally requires legal representation.