Solicitor Inclusive Family Mediation (the hybrid model)
How it works;
The mediation usually
starts with a joint
meeting. After this
the mediator shuttles
between each team
Solicitors can
advise their
clients
throughout
The mediator only
discloses to the other side
what they are authorised
to say. This allows each
side to be open with the
mediator about their
bottom line.
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The mediation takes place on one day. Solicitors attend with their clients.
The Solicitors will have dealt with disclosure and valuation in advance. The
Mediator is supplied with a joint bundle of relevant documents.
The Civil/Family Hybrid Model of mediation is used; each team has their own
room. The Mediator shuttles between each team.
In the usual Family Mediation Model everything is open within the mediation.
The mediator cannot keep confidences with either party. The Hybrid Model is
different.
In the Hybrid Model, information gathering and disclosure has already taken
place. The Mediator is solely concerned with the negotiation; the mediation.
With this model the mediator does keep separate confidences and only
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discloses to each side what the other authorises. Both teams can be open
with the mediator about their bottom line. This creates a different dynamic.
Both teams can consist of whoever is needed to achieve resolution on the
day. For example; parents, accountants, Commercial Solicitors, Counsel, new
partners. The attendance list is agreed in advance.
If the mediation starts with a joint meeting, it is agreed who will participate.
When agreement is reached the Solicitors prepare the Draft Order (no
messing around with Memoranda of Understanding).
The Civil model is used every day to resolve civil disputes including
complex commercial disputes. The Clients are much better supported.
Complex family cases can be resolved more easily. The Mediation costs are
less than or similar to the usual family model. The overall cost difference is
that Client has invested in their Solicitor doing a proper job for them.
The Process
• Solicitors conduct case in normal way
• Solicitors and clients decide to mediate
• Telephone conference between Solicitors and Ian to agree
timetable including booking mediation date.
• Solicitors prepare mediation bundle
• Telephone conference between Solicitors and Ian before
mediation to confirm attendees and other arrangements
• Mediation meeting. Solicitors in attendannce with clients
throughout. Civil model of mediation used
• If Mediation successful, Solicitors prepare Consent Order on
the day
• If Mediation unsuccessful, Ian issues FM1 to both Solicitors
who issue application and list case for FDR.
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There is no need for a separate assessment meeting. If there were safety or
emotional issues, a joint meeting does not have to take place. Clients are in
separate rooms and are supported.
The Mediator can arrange for separate meetings between team members if
this is helpful to the progression of the mediation.
The whole process can be much quicker than the standard Family Model.
If there are children issues outstanding, then these can be resolved
separately using the normal family model.
Our simplified Fixed Fee scheme
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We charge as little as £500 +VAT per client for 4 hours of mediation and all
our preparation and travel.
In comparison, Cost of a MIAM Assessment is often around £100+VAT
An FM1 is included in the Fee if mediation does not succeed.
See our simplified Fixed Fee Schedule
You can easy combine our fixed fees with your own fixed fee schemes.
The client commits to a process which with the combined expertise of both
Solicitors and us ends with a negotiated solution. We are all a team.
Our charges are less than, or similar to the standard family mediation
model. They are focused into mediation, rather than case management.
Under this scheme, we do not interfere with what the Solicitor is able to
do better. We Travel to you.
This model of Family Mediation was developed by Henry
Brown (One of FMA founders, initial Director of Mediation with Resolution, a
founding trainer with CEDR and UK mediation pioneer and legend). It is promoted by
ADR Group, a member of the Family Mediation Council and Civil Mediation Council.
Ian was trained in this model and as both a Family and Civil/Commercial Mediator by
Henry Brown. Ian is accredited as both a Family and Civil Mediator and is a member
of ADR Group Hybrid Family Mediation Panel. Ian was among the first 20 Mediators
to gain the Accreditation standard with Resolution. Ian is a current elected member
of the Governing Board of FMA. Ian is also a practicing Solicitor.
Better than a private FDR or Arbitration
because of the better dynamic
(all start with the intention of finding a negotiated solution together). The drawbacks
of a family shuttle mediation are also avoided. Also the FM1 is included in the fee.
Mediation was always intended to be a flexible and dynamic
process. This is a model which works better in financial cases. We
also offer the normal family mediation Model including child consultation, where that
is more appropriate and more likely to achieve a negotiated solution.
Ian walker 16/06/2013
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