header-logo header-logo

15 December 2017 / Caroline Bowden
Issue: 7774 / Categories: Features , Mediation , Family
printer mail-detail

Mediation: a better route to a good settlement?

nlj_7774_bowden

Solicitors & mediators should work in tandem, says Caroline Bowden​.

  • Mediators should draft consent orders, or to an equivalent level of detail, at the end of financial mediations.
  • Mediators need robust standards throughout to enable coherent, balanced and certain settlement proposals to be turned into a legally binding outcome.
  • The Government’s review of LASPO has the opportunity to embed this as a culture change, to reverse some of the current problems.

The Family Mediation Council (FMC) decided at the beginning of 2017 to put out three questions for consultation:

  • Would the role of a mediator as an impartial third party in mediation be jeopardised by that mediator drafting a consent order, once a mediated agreement has been reached?
  • Is it possible to draft a consent order without giving advice on its terms?
  • Is it appropriate to draft a consent order without giving parties advice on its terms?

At the end of the year, they reported on the rather obvious conclusion that the consultation ‘did not produce a definite answer’. So in 2018 the FMC is

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
back-to-top-scroll