In the case of Re R (Deceased)  EWHC 936, a claim was brought under the Inheritance (Provision for Family and Dependants) 1975 Act (“the Act”) for reasonable financial provision...
Mediation and Alternative Dispute Resolution for You
Mediation is a voluntary process in which a neutral third party works with the parties, usually over the course of a day, to explore and try to arrive at a settlement of the dispute. The parties remain in control throughout.
Where we are instructed by one of the parties, we are able to assist them in all stages of the mediation process.
Additionally, we have a number of qualified mediators who are regularly appointed by other firms of solicitors to act as the independent mediator.
Mediation is an informal and flexible process. In preparation, there are some simple steps that you can take to improve your position and maximise your chances of reaching a positive settlement.
You can seek to mediate a dispute regardless of whether court proceedings have been issued. Usually, the parties will have lawyers advising them but a dispute between parties who have not retained lawyers can also be mediated to a successful conclusion.
Certain types of dispute must be managed through a designated Pre-Action Protocol. We will let you know if this applies to your dispute. Even if a designated Pre-Action Protocol does not apply, the parties are required to comply with various pre-action steps. The purpose of these steps is to:
- Encourage the early exchange of full and frank information about the dispute
- Enable the parties to avoid Court Proceedings by encouraging negotiations and Alternative Dispute Resolution (ADR) including mediation
- Assist in the management of Court proceedings where they cannot be avoided