Alternative Dispute Resolution (Mediation) vs Court

alternative dispute resolution

Hello North Brisbane and Sunshine Coast community! Navigating through a separation is never easy, especially when dealing with decisions around property and assets using alternative dispute resolution methods.

For our clients – business owners, tradies, teachers, defense force personnel, and others – the path you choose, including alternative dispute resolution, can greatly impact your financial security, emotional wellbeing, and future.

This is why it’s essential to make informed choices. Let’s delve into two popular methods – Mediation and Court Litigation, and explore which might be the best fit for your situation.


1. Alternative Dispute Resolution (Mediation) – The Collaborative Approach


Amicable & Co-operative: It offers a less confrontational environment than a courtroom. If you’re looking for a reasonable, friendly and more informal approach to settling disputes, this is it.
Cost-effective: Typically, mediation can be less expensive than court litigation. This aligns with the financial expectations of our ideal clients, ensuring you get value without penny-pinching.
Time-saving: It’s almost always quicker than going to court, usually spanning months rather than years to reach a final resolution.
Flexibility: Tailor-made solutions for your unique situation.
Confidentiality: Discussions in mediation are not public record.


Voluntary: Both parties need to agree to attend. If your ex is not coming to the party, this might not be an option. At Martens Legal we have strategies in place to try to get even the most difficult ex to agree!
No guaranteed resolution: If parties can’t agree, you might end up in court anyway.


2. Court Litigation – The Structured Route


Legally Binding: Court orders provide clarity and are enforceable, for not only the final resolution but also throughout the Court process such as orders compelling your ex to do something like disclose documents or an injunction stopping your ex from doing something.
Decisive Outcome: If your ex-partner isn’t cooperating or is avoiding decisions due to emotional reasons, the court provides a definite resolution.
Expert Oversight: Judges have extensive experience in handling separation cases, ensuring fair judgment.


Time-consuming: Court cases can drag on, sometimes for years.
Expensive: They almost always exceed mediation costs.
Stressful: The confrontational nature of courts can be emotionally draining.
No certainty: You are placing decisions and effectively your life in the hands of a Judge, who has wide ranging powers to make decisions on your behalf.


Alternative Dispute Resolution (Mediation) or Court: Which is Right for You?

If you’re seeking an amicable agreement and want to bypass the stress and cost of court, mediation might be your first choice. But remember, it requires the cooperation of both parties.

However, if your ex-partner isn’t cooperating, burying their head in the sand due to emotions, or is being unreasonable, then as a last resort court litigation might be the necessary path to ensure your rights and interests are protected.

An experienced family lawyer will be able to assist getting your ex to a mediation and also to determine at what point mediation is no longer a viable option for you.


Taking the First Step

We understand the fears associated with engaging a lawyer and stepping into the unknown of the legal realm. But rest assured, here at Martens Legal, our aim is to provide a supportive environment.

We value honesty, trustworthiness, and want to help you find the best way forward. Whether you’re a millennial or from Gen X, your family, small business, and wellbeing are paramount to us.

If you find solace in your morning coffee, weekend brunches, or a long walk outdoors with your dog, think of this journey as another adventure.

One that might have its bumps, but with the right guidance, will lead you to a new chapter filled with financial security and peace of mind.

Ready to discuss your options? Reach out to us today for a free consult, and let’s embark on this journey together. Martens Legal: Here for your family, your business, and your future.


By Tegan Martens
Director & Principal Lawyer
Martens Legal


The information contained on this site is for general guidance only.  No person should act or refrain from acting on the basis of such information.  You should seek appropriate professional advice based upon your particular circumstances.