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

Clarke Willmott—Matthew Roach

Clarke Willmott—Matthew Roach

Partner joins commercial property team in Taunton office

Farrer & Co—Richard Lane

Farrer & Co—Richard Lane

Londstanding London firm appoints new senior partner

Bird & Bird—Sue McLean

Bird & Bird—Sue McLean

Commercial team in London welcomes technology specialist as partner

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
back-to-top-scroll