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

WSP Solicitors—David Ashcroft & Jessica O’Shea

WSP Solicitors—David Ashcroft & Jessica O’Shea

Commercial property and child law teams expand with senior hires

Duxton Hill Chambers—Lucas Bastin KC & Joshua Hiew

Duxton Hill Chambers—Lucas Bastin KC & Joshua Hiew

Set expands London and Singapore offering with senior international disputes hires

Gilson Gray—Gregor Duthie & Stephen Forsyth

Gilson Gray—Gregor Duthie & Stephen Forsyth

Firm strengthens real estate and litigation teams with partner promotions

NEWS
Behind the profession’s polished exterior, lawyers are ‘internally drained rather than physically tired’, according to a stark assessment of burnout in legal practice
Five years after the Domestic Abuse Act 2021 came into force, concerns remain that the family courts continue to minimise allegations of abuse in child contact disputes
Uber has built a formidable strategy for insulating itself from liability for drivers’ conduct, but the legal terrain differs sharply between the US and England and Wales
The Civil Justice Council’s review of Part III of the Solicitors Act 1974 could mark the end of what one commentator calls an ‘outdated’ and overly technical regime governing solicitor-client fee disputes
The House of Lords (Hereditary Peers) Act 2026 marks a constitutional watershed by severing the centuries-old link between hereditary titles and automatic membership of the upper chamber
back-to-top-scroll