The dangers of a DIY Divorce in modest or low asset situations
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Dispute Resolution
Disputes in respect of wills, inheritance and the administration of estates are increasing. As are the costs associated with bringing or defending a dispute through the courts, all the way to a contested hearing or trial. At Roythornes, we offer a mediation service for parties that find themselves locked in such a dispute. The service can be tailored to suits the parties, whether legally represented or acting for themselves.
What is mediation?
Mediation is a voluntary process. It creates an opportunity for parties to try to settle their differences at any stage of the dispute, usually early on once parties’ positions are known. It is open to parties to agree how, when, and where to mediate.
The process is entirely confidential. It is a complete “safe zone”. This means that anything that you say or do during a mediation cannot be relied upon by another party engaging in the mediation at a later time. It allows admissions or concessions to be made, without fear of reprisal or damaging your position in later proceedings. It allows dialogue to flow more freely.
How is a mediation settlement agreed?
Ultimately, it allows parties to explore together the terms of what a final settlement might look like. It provides great flexibility, and the parties can agree terms that they could not achieve at Court. Should a settlement be concluded by the end of the process, the reach a binding agreement. terms can be formally documented in a settlement agreement signed by all parties.
In mediation, the parties (collectively) are in control of their destiny. Even the bravest of person may not wish to gamble the outcome of a dispute on the decision of a judge.
Our mediators
Our mediators are Gavin Faber and Tim Russ. They each have a wealth of experience, having mediated over 250 disputes between them. Both Tim and Gavin continue to work in private practice and have also represented clients in many mediations. They understand, and have dealt with, the same issues that you face. They can help you (and your clients) explore their settlement options and pave the way towards a conclusion. We do not take sides. We may test you and/or your clients where we consider it appropriate to do so. You will appreciate that we will be as challenging with your opponents.
You can download a copy of Gavin and Tim’s mediation CV and experience here
What are the fees for a mediation?
We are very happy to offer a fixed price for mediations comprising a two-party dispute, where the value of the dispute/estate/trust is limited to £1 million. Please contact us on mediations@roythornes.co.uk for further information.
How to arrange a mediation
If you are interested in using our mediation service, please send an email to our inbox, mediations@roythornes.co.uk with your full details, the names of the parties and the value in dispute.
We shall reply to confirm our agreement in principle to act, and our dates of availability. If you have a particular date(s) in mind, then please let us know. If you would like to appoint Gavin or Tim specifically, please also let us know in your covering email.
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