In civil matters, the general philosophy is “let’s find the middle ground”. Being able to find a common ground can really difficult. Especially in complex Family cases or Complex Civil cases. A Barrister has trained to a find a fine-tuned solution. Especially in the interest of their client. The whole aim is with or without a mediator or a barrister is to find a solution. Sometimes, this stretches to a final hearing. However, with a specialist Mediator or Barrister, the aim is to find the best option or outcome for the clients, respectively. This will take into to account the grey areas. The law involved and what has happened. The entire financial situation. What is reasonable for the client and the other side. With a mediator, the intention is to find a solution. The same is with a barrister. The aim is to reach a reasonable solution within the law.
In family cases, it is a usual mandate to at least seek mediation. If one party proposes mediation and the other refuses. This will reflect negatively on the party which refused mediation. When mediation is not possible. The barrister will be negotiating the case until it’s finality.
Why would you want to settle?
Attempting to settle before the hearing is a sign for everybody. One party is trying to resolve this. This is what the courts will be looking into. The barrister will always want to find the best solution for their client whilst retaining a duty to the courts to avoid waste. No longer, do we find it, a popular choice for two solicitors to negotiate for their clients, It is effective to allow both parties to sit together and find a resolution. If mediation does not conclude. A direct access barrister will effectively be able to find their client the best resolution. Either by the court process or liaising with the other party, if instructed.
History of Meditation
It was originally seen as a novel idea. Nevertheless, it was only after the Woolfe Reforms to the Litigation Procedure mediation became an acceptable method to dispute resolution. The earliest reports of mediation go back to the 1500’s. Mediation is an efficient process, especially if the art of mediation is performed proficiently. In the 1970’s there was more development. It became prominent after the implantation of the Woolfe Reforms. Considering only 30 years ago it did not hold much value. Now it is integral to any dispute or conflict resolution related matter. Now the court rules encourage dispute resolution. With the initial stages usually overseen by a mediator.
Will it affect the outcome, if Mediation is not sought out?
With all Family disputes. It is an important step, an attempt to mediate must be demonstrated. Otherwise this will reflect poorly for the one or both parties. Especially if one party refuses to mediate. What will happen then? It will be taken through the court process where anyone can instruct an experienced specialist barrister to negotiate and find a resolution.
Who pays for Mediation or the Barrister fees?
Usually, the Mediation fees will need to divide between both parties. What about the barrister’s fee? This will be taken stage by stage. You can instruct the barrister to work at an hourly rate to resolve this. It could take 2 hours or 4 hours. In order to instruct the barrister, the instructing person could pay in advance for 2 or 4 hours. Any difference will be refunded to the person instructing. Why would you want to instruct a barrister? Is it cheaper to pay for a solicitor? These question can be answered by an initial chat with a Clerk.
There is are valid reasons to for refusal of mediation The courts will identify these when they become evident. However, the courts have a great enthusiasm.
Mediation is not necessary. But it is a great way to resolve matters. When mediation fails or is not amicable then instruct a barrister at the earliest possibility.