We are always committed to helping our clients achieve the best possible outcome in their case.
For many of our clients, this does not involve the need for court proceedings as we are often able to reach an agreement with the other party. We will always take time to consider and discuss alternative methods of resolving your dispute with you at a very early stage.
We have direct links to local mediation specialists who are able to help you to resolve your dispute as amicably as possible. We can be on hand to offer advice and assistance to you throughout this process.
What is mediation?
Several of our senior solicitors are trained mediators and it is something we actively encourage our clients to consider as it can be a very cost effective method of resolving a dispute.
Mediation is a third party service, not connected to solicitors or the courts. The aim is to assist people to come to their own agreements in relation to matters in dispute. A trained mediator will initially invite both parties for an intake session to discuss the main issues, explain the mediation process and the costs involved. If the mediator believes that mediation is appropriate in your circumstances and both you and the other party are willing to attempt it, you will be invited to attend a session together with a mediator present. At that session, the mediator will help you to reach agreement in relation to the elements in dispute. In relation to mediating on financial matters, both parties will be asked to bring financial disclosure to the mediation session(s). This process may take only one session or it may take several depending upon the issues in dispute. If you are able to come to an agreement with the other party, the terms can be recorded in a formal document prepared by the mediator and we can often then use this to prepare a consent order incorporating these terms so that the agreement can be made legally binding and enforceable by the Court.
Mediation is not successful in every case but where it is successful, our clients generally find that it saves considerable time and cost. If you attempt mediation and it is unsuccessful, there is always the option to pursue the matter in the court if necessary. In any event, the court will look for evidence that the parties have previously attempted mediation when any new application in relation children or finances is made.
Lawyer supported mediation
We generally find that this process works best when the parties have independent legal advisors to assist and advise them during the mediation process. Whilst we cannot attend the mediation appointments with you, we can explain the process to you and give you legal advice about any proposed agreements or settlements so that you can be sure that what you are agreeing to is fair and equitable (this is important since the mediator cannot give legal advice).
Negotiations between the parties (or their legal representatives)
If mediation is unsuccessful, inappropriate or you simply do not feel comfortable with that process we can try to come to negotiate an agreement with the other party in correspondence instead.
However, even if it is possible to reach an agreement in correspondence with the other party (or their legal representative), it will not be legally binding and we will therefore need to discuss with you the various options for incorporating the terms into an order which, if approved, will make the agreement legally binding and enforceable.