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Mediation and resolution of disputes

In cases requiring the resolution of issues concerning finances or children between separating spouses or parties a decision needs to be taken as to how the case should be approached. Options include:-

(1) Mediation
(2) Negotiation
(3) Application to court

Mediation is a process by which both parties jointly attend a meeting in the presence of a neutral third party – who assists them to reach an agreement. Any agreement reached is not legally binding until each party has received independent legal advice.

Advantages of mediation include that it can be quicker and cheaper than going through the courts – and the parties retain a greater degree of control over outcomes. Mediation is free for those eligible for legal aid. Mediation is not right for all cases – matters to consider include safety (has there been domestic abuse), trust (is one party thought to be acting dishonestly), motivation (are both parties willing to finalise outstanding issues) and equality (can each party stand up for themselves in face to face negotiation). A mediator is not permitted to give legal advice – and in our experience it is vital to take advice before and during the mediation process to maximise the benefit.

In some cases an application to the court may be more appropriate. Examples will include where there is a need for an urgent remedy such as an injunction or an unwillingness by one party to engage in meaningful discussion.

Some cases will lend themselves to direct negotiation either by correspondence or perhaps face to face by a “round table meeting”.

Whichever approach is suitable for your case we will advise you throughout as to the view which we think a court would take if asked to adjudicate.

Lawson Lewis & Co are committed to assisting our clients in gaining constructive and effective solutions to their difficulties.

 

We are able to offer specialist advice.

Call 01323 720142 now for a consultation with a specialist Solicitor or a Lawyer at Lawson Lewis & Co.

 

Please Contact:

Jeremy Sogno (Eastbourne & Peacehaven) (01323) 720142 E-mail
Mary Browne (Eastbourne) (01323) 720142 E-mail
Barbara Macdonald (Eastbourne) (01323) 720142 E-mail

 

 

 

 

 

Lawson Lewis & Co Solicitors Eastbourne, East Sussex

Lawson Lewis & Co Solicitors are regulated by the Solicitors’ Regulation Authority.