KJL Solicitors in Norwich

Mediation and Collaborative Law

Mediation

In cases where the parties have managed to stay on good terms it may be advisable to instruct the services of a trained mediator who will assist the parties with reaching an agreement in relation to either financial matters or children matters. The emphasis of a mediator is not to advise the parties as to a fair or reasonable settlement, but to encourage and guide the parties impartially towards a negotiated settlement.

 

If the parties reach a settlement with the help of a mediator, it is advisable for them to receive independent legal advice on the proposed settlement. If the settlement is thought to be fair, the terms of the agreement will be incorporated into a Court Order which will be binding on both parties.

 

 

Collaborative Law

Collaborative Law differs from mediation in that each party has a legal advisor present throughout the process and at all meetings. The emphasis of this approach to resolving disputes between parties is that it focuses on what the parties themselves wants as opposed to what the solicitor thinks is appropriate and assists to avoid unnecessary rifts between parties who will often have children who they will continue to bring up together.

 

The success rate in reaching collaborative agreement is high and the legal costs in avoiding the litigation route much lower. If this method is pursued; the parties agree that they will not issue Court proceedings. The parties will be required to sign an agreement that they will proceed on this basis and all disclosure will be made on a voluntary basis.

 

The parties and their legal advisors arrange to meet in order to identify the issues within the case and the possible solutions. Once an agreement is reached it can be embodied into a court order. This method of dispute resolution is relatively new to this country having enjoyed a high degree of success in the United States and Canada.