We have a State and Federal Court system set up in Australia; the courts, the system that feeds into it, and the legislation that the courts have to enforce. All of this developed over hundreds of years, and has been transplanted in Australia from the United Kingdom.
The reality is, is that sometimes the system is not the best way to justice. The length of time that you face in a Court process and the cost (financial and emotional) may not be worth it when your outcome is not something you can control. The system itself has gotten so big and cumbersome, that you really need to look to other pathways to justice for yourself, rather than getting stuck into the Court system.
There are certainly some types of matters that need to go through the Court system. But if at all possible let’s try and find an alternative means for you to get a resolution and get justice.
Once you get into the Court system, a lot of decision-making gets taken out of your hands. So you need to weigh up some objectives for yourself, like how important is it for you to have some say and some control in the outcome in your own life.
Getting caught into the Court system might not be the best way to go; there are plenty of alternatives to look at (just to name a few):
- alternative dispute resolution, like mediation or collaborative practice,
- free services and community legal centres,
- dispute settlement centres,
- consumer affairs,
- the Ombudsmans.
Explore alternative dispute processes like mediation and collaborative practice before jumping in and handing your life and your money over to a system that gives you no certainty.
Legally Wise Women helps you to work out whether your matter is suitable for an alternative process, and how to go about finding the best way, and how to go about negotiating the best outcome through that process, rather than going legal and having things turn out huge and out of control.