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Mediation and Arbitration
In General Mediation, if you do not come to a complete agreement on all issues, the Mediation process fails and you have to start all over again and go through Court Litigation;
Prior to Mediation your solicitor will have advised you as to your options so that you know during mediation that:
the proposals being discussed by you and your partner are within those parameters or alternatively.
if you choose to settle on certain terms and those terms are less than your solicitor has advised you may achieve, you can do so making that deliberate choice because the settlement suits you
Prior to Mediation whilst your solicitor will have advised you, there will be no formal offers of settlement between solicitors. This is so as not to fetter or burden the mediation and allow you and your partner to reach a deal that suits you no matter what the law might suggest. At the end of Mediation there may be alternative outcomes.
If you have settled all aspects of your case, then:
The Mediator will provide a report to both solicitors
Both solicitors will then prepare consent orders to the Court and the other documentation needed
They will also prepare an open summary for the Arbitrator setting out the facts, your agreement, a net effect schedule of your Agreement and inviting the Arbitrator to cross check the fairness of this Agreement or why it has been made
The Arbitrator will review the summary and if that Arbitrator thinks it all looks sensible will issue an award in terms of your agreement
The Arbitrator may hold a meeting with you and your solicitors to discuss your agreement if that Arbitrator has any concerns about the agreement
At the conclusion of this process the Arbitrator will issue an award which your solicitors will file at Court with orders pursuant to the Arbitration protocol, and this means you should receive sealed orders back from the Court in a fortnight rather than some 20 plus weeks;
If you don’t settle everything in Mediation, then:
The Mediator will prepare a report setting out what you did and did not settle
Your solicitors will then prepare a summary for the Arbitrator as to the position if matters are agreed or what is not agreed or whether your entire case needs determining
The Arbitrator may hold a review meeting to make sure everything is ready
Your Arbitration will then take place on whatever terms you have agreed with your Arbitrator and at whatever date you have agreed with your Arbitrator;
The Arbitrator will then produce a full award. Your solicitors will prepare consent orders and your matter will be lodged with the Court.
Between Mediation and Arbitration you may also have a private FDR (which your solicitor will discuss with you) and it is highly likely if such a step is agreed that the Arbitrator will direct it