Barclay DeVere Family Mediation Service
for all Financial and money
related family disputes
Financial Dispute Resolution at Mediation
The start of court proceedings does not mean that you have to go through the entire case until conclusion of the contested court hearing is made.
In most cases, financial applications that start at the court end up being settled outside of court before the final date set for the final hearing.
This happens mostly because the couples involved may still be in the process of negotiating through their solicitors either directly or indirectly. During this time the case may still be moving forward in court as it follows a two track pathway.
The couples understand that if they do not come into any agreement through the negotiation, then the court will have the mandate to hear the case and give the final judgment.
Benefits Of Mediation for Financial Dispute
Cases also get settled before the final hearing because of what is referred to as the financial dispute resolution appointment.
The main role of the FDR is to give the judge the opportunity to look at all the documents and other form of evidence presented in the case.
The judge hears all the submissions from the parties involved for Financial Dispute, lawyers and provide a solution on what would make a better settlement.
In addition, this allows him or her make prediction of the probable result if the case goes up to the final hearing.
Despite that FDR have high rate of success because several settlements are achieved, there are also some challenges involved:
What Our Clients Say
Approach applied Financial Dispute
- There exists a joint instruction of our specialist mediator or independent expert.
- The specialist is new as he or she will not have been involved with the matter as an attorney and will not in any way be engaged in implementation of an agreement that may be reached in the case.
- There is a consent that exists on documentation and other form of evidence provided to the specialist.
- This is a face to face process and can end up in a written opinion being given. In some cases, the specialist may be allowed to make a review of the documents and offer a written opinion.
- The process can be applied regardless of whether formal proceedings have begun in the court.
- The process can result from mediation whereby there is full disclosure and all options looked into in a thorough manner.
- The issue to be resolved may be the result of the whole proceedings or a certain issue that may be acting as a hindrance to fruitful negotiations.
- The parties have the opportunity to decide the location and timing of the meetings.
During the process high level privacy and confidentiality are observed.
This is a non binding process.
Therefore, it is possible to look in a non adversarial manner, the different possibilities which may arise to both parties. The specialist has the option to make an evaluation and give an opinion depending on the years of experience in this field. More informed decisions can be reached in an environment where there are no confrontations and where there are no partisan issues. The process is owned by the couples.
The entire model is based on mediation, thus it safeguards all the mediation principles. Confidentiality is observed throughout the case, the specialist demonstrate high level impartiality and the couples have full control of the entire process. The model used in the center is infinitely flexible because the clients come with their own solutions. Our work is to facilitate and mediate to ensure best results.
The professional involved in mediation and sorting out financial disputes the is a team member of the center who specializes in both dispute resolution and financial cases. Professional from collaborative law and independent financial advice is part of the group that informs the model.
We hope that solicitors make reference to the mediation centre showing the service they would like to use. In some cases the center begins the appointment, by suggesting that mediation would benefit from this model. Then, a decision is made as to whether the specialist should be part of the negotiation or someone new is needed.
Financial Dispute – The model involves the first contact by the mediator with both solicitors through arranged conference call which are then followed by different meetings with the parties involved in case there is no mediation taking place. When all is clear on the model used, a single appointment is planned that takes a half or full day.
The appointment is attended by the parties involved accompanied by a family mediator
WHY BARCLAY DEVERE
If you are experiencing problems with unruly, noisy or aggressive neighbours, or you are in dispute with a local authority, utility provider etc;
Barclay Devere can help bring about a self-resolution to your problem by mediating between the disputing parties.
Family mediation can assist any family in the process of separating or divorcing.
For individuals who are separating or divorcing conversations can consist of:
With the help of a mediator, the program can be anything you both accept go over and moderate.
- How possessions will be divided
- What occurs to the household house
- Where and how typically the kids will hang out with each mom and dad
- Their future education and social activities, so that you as moms and dads can put in place a complete parenting strategy now you have actually separated
- Assistance payments to be made
- And how kids will stay connected with their extended household and grandparents.
Family mediation is much quicker and less demanding than heading straight to court.
It is generally less expensive too.
It allows you to form long-lasting services that remain in your household’s benefits.
Family mediation enables families to keep control of their own fates. It assists form settlements over parenting, cash and residential or commercial property, instead of handing control over to the courts.
Anyone chooses not to attend family mediation, or if mediation breaks down, you or your ex might wish to make an application to the court. Unless there is a reasonable exemption to attend family mediation, it is a UK Family court requirement that an FMC accredited family mediator signs off the proper court form/s (c100/form a/fm1) as proof that you have actually thought about or attempted mediation.
The majority of mediation includes the couple meeting the mediator together.
If this is not safe or acceptable we can offer to meet you independently– either at different times or in different spaces. This is called shuttle mediation.
Also we conduct mediation via zoom, whats app, skype and facetime offering both safety and convenience
Each mediation meeting lasts in between 1 and 2 hours.
Usually 1 or 2 meetings will be required however some problems can be figured out in a single session.
Mediation even when they need several meetings are normally finished within 1 to 3 months.
If you decide to go down the court route this takes anywhere between 6 to 18 months. So mediation is much faster