THE MEDIATION
AND ARBITRATION
SPECIALISTS

Juris Resolutions Limited

Tel: 02890 730168

 

Juris Resolutions Other Services

MEDIATION FOR MATRIMONIAL PROPERTY OR OTHER FAMILY DISPUTES

Mediation is a better way of resolving matrimonial property and other family disputes than going through the courts. Look at the following comparison between the two:

Litigation

You will be seen in the public courts

Proceedings are not completely private

Court facilities are limited and basic

Courts and lawyers have limited time

Court proceedings are adversarial

Admissions can be used against you

Lawyers control your negotiations

Court imposed decisions are not creative

Litigation is time consuming and expensive

Mediation

You will be in a private facility

Proceedings are completely private

Comfortable and convenient facilities

You have a mediator for an entire day

Mediation is facilitative

Confidentiality agreements protect you

You can control your negotiations

Mediated agreements can be creative

Mediation is quick and saves you money

The mediator’s role is to help ensure that the parties raise, discuss and then resolve the issues in dispute. The mediator provides a safe space where family members can talk about the matters that are important to them. The mediator will treat all parties impartially and fairly and will help them reach an agreement that they can live with. The agreement is theirs but can be enforced through the courts if one or other fails to honour the terms.

While courts make decisions in which there are winners and losers, those decisions do not preserve family relationships. On the other hand, because mediation is a facilitative process that allows family members to reach agreement, it enhances the chances of preserving important family relationships which, in the long run, may be as beneficial as the agreement itself.

Most importantly, where there are important family assets that must be divided or allocated, it does not make financial sense for the parties to dissipate those very assets by fighting one another through the courts. A mediation is less expensive than full scale litigation and is the sensible way to resolve differences.