header-logo header-logo

15 December 2017 / Caroline Bowden
Issue: 7774 / Categories: Features , Mediation , Family
printer mail-detail

Mediation: a better route to a good settlement?

nlj_7774_bowden

Solicitors & mediators should work in tandem, says Caroline Bowden​.

  • Mediators should draft consent orders, or to an equivalent level of detail, at the end of financial mediations.
  • Mediators need robust standards throughout to enable coherent, balanced and certain settlement proposals to be turned into a legally binding outcome.
  • The Government’s review of LASPO has the opportunity to embed this as a culture change, to reverse some of the current problems.

The Family Mediation Council (FMC) decided at the beginning of 2017 to put out three questions for consultation:

  • Would the role of a mediator as an impartial third party in mediation be jeopardised by that mediator drafting a consent order, once a mediated agreement has been reached?
  • Is it possible to draft a consent order without giving advice on its terms?
  • Is it appropriate to draft a consent order without giving parties advice on its terms?

At the end of the year, they reported on the rather obvious conclusion that the consultation ‘did not produce

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

EIP—Stuart Malcolm

EIP—Stuart Malcolm

EIP strengthens Commercial practice with a new partner

Ellisons—Francesca Brown

Ellisons—Francesca Brown

Ellisons welcomes Francesca Brown to Family team

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau strengthens Sheffield regulatory practice with new hires

NEWS
A wide-ranging Civil Way column highlights developments from insolvency procedure to employment law, but one case stands out for its lessons on bankruptcy, family homes and digital communications
A sprawling Intellectual Property Office battle between House of Fraser and Frasers Property has delivered a masterclass in modern trade mark law
Courts in England and Wales and Singapore are increasingly confronting complex disputes over international child relocation as families become more globally mobile
The government’s long-awaited family law reform consultation could mark a turning point for domestic abuse victims navigating financial remedy proceedings, but significant challenges remain
A new commercial court pilot giving the public access to documents used in hearings, including expert reports, is raising difficult questions about transparency and privacy
back-to-top-scroll