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The Mediation Process

A recent article on the Law Society Gazette put forth a compelling argument for the process of Mediation.
To quote the article: “As family lawyers, our job is to guide clients towards options that have the greatest chance of achieving the ‘least worst’ outcome for them (both in an emotional and a legal sense). For many people, avoiding the traditional adversarial approach is going to tick that box.”
In a system that still relies heavily on apportioning blame to one of the parties, breaking away from the tried and tested, well trodden adversarial approach remains a relatively new concept. Ed Rawlins, Partner and trained Mediator comments “We really do encourage people to consider mediation and not to take the default, adversarial approach. Mediation is a voluntary and confidential way to resolve family disputes and is ideal whether the disputes are concerning children, housing and/or finances and comes without the worry, expense and adversarial nature of litigation and Court appearances. A good thing about mediation is that it puts the power back in the hands of those undertaking it rather than leaving the court to mandate outcomes based on what they hear and interpret.
Since April 2011, there has been a requirement (with some exceptions) that anybody wanting to go to court should attend a meeting (called a MIAM) with an appropriately qualified mediator to find out about mediation and other non-court options.
For advice or more information on MIAMs including fixed price options contact Ed Rawlins today.
For the full article please see here.