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Mediation


Mediation can be a useful way of resolving family law disputes, but it is not a substitute for having your own lawyer. We have extensive experience of using mediation and Henry Brookman has practised as a mediator. In the course of handling a client’s matters we keep in mind the possibility that mediation may be an appropriate course.

There are a number of terms that apply to different forms of mediation. They include : collaborative law, alternative dispute resolution (ADR), conciliation.


Each of these processes have slightly different priorities, but essentially all of them aim at resolving a matter before it goes to court. Similarly, even where there is no form of mediation, lawyers negotiate settlements in the overwhelming number of cases that they handle.

We consider that it is important for a client first to have a good understanding of their position before they enter into one of these processes. At the very least we consider that the initial interview is essential.
 

Mediation - Scenario Analysis Example


a) Mr S lived abroad. His ex-wife lived in England with their son now 10. He wanted his son to come to visit his country saying he was now old enough to travel. His ex-wife did not agree. We arranged for a trained family counsellor to mediate. She held several sessions over 6 months until they agreed on a trial visit abroad. Both were very reassured by the other's demonstration of good faith and the positive atmosphere ensured future successful visits.

b) Mrs A came to us after attending 3 mediation sessions. She said "My husband is a good businessman and negotiator. Our mediator was a social worker and even with his mediation training he was out of his depth. I've decided I need someone who can represent my interests." We advised her not to abandon mediation but for us to cross-check how it was going and to ensure she had ongoing advice. This enabled some issues to be settled. We and Mr A's lawyers sorted out the remaining matters fairly easily.

Read more scenarios from other Areas of Law...
 
 

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