Mediation & Collaborative Law

Our solicitors are experts at mediating or collaborating to work towards a solution ideal for all parties.

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Mediation and Collaborative Law

Our family team offers a variety of different options for resolving a dispute, enabling clients to choose the process which best suits their circumstances. Matters can be resolved through the use of mediation, arbitration, collaborative law, 1 lawyer 2 clients, or litigation.

Resolving matters outside of the court can have a number of advantages. It is less likely to be confrontational, more confidential, quicker and more cost-effective.

There may also be a better chance of reaching an agreement that best reflects the interests of both of you, as opposed to having to abide by the conditions of an order imposed upon you by a Judge, a stranger who will make decisions that may not be in accordance with you preferences and wishes

Our mediators are experienced ‘all issues’ mediators, meaning they can mediate about financial arrangements and children arrangements. We offer mediation via Zoom or in person so we can fit around your arrangements. We can also offer co-mediation where we charge a combined fee so you get the expertise of two skilled mediators for less than their individual rates. This is an option many couples prefer as it often provides a gender balance.

Please do contact our mediators today to discuss your situation and how they may be best able to help you.

Frequently Asked Questions

Is collaborative divorce the same as mediation?

Collaborative law is similar to mediation. However, instead of having a single independent adjudicator, both people are represented by a solicitor or family lawyer throughout the negotiations. At the first meeting, both people sign a formal participation agreement not to go to court. If that changes later, both solicitors will normally withdraw from the process, and both will need to seek new legal representatives.

The purpose of collaborative law is to keep both parties talking. Your legal experts will guide you through the process to prevent ‘stalemates’ and to help you both reach a satisfactory resolution. We have family dispute lawyers who are fully trained in collaborative law and happy to work with you and the other party’s solicitor to ensure the process goes smoothly.

Can the same law firm represent both parties in a divorce?

Yes, we offer 1 lawyer 2 clients as part of our services. You can find out more about that here.

Do you take a solicitor to mediation?

Usually mediation meetings are attended by each person and the mediator. You are able to each take legal advice outside of the joint meetings. However, it may be appropriate and helpful to have a joint mediation session with you both having your solicitors present too. This is called Hybrid Mediation and we can discuss this with you both as to whether this is appropriate or necessary as suitability is assessed on an individual basis.

What happens if one party refuses mediation?

Mediation is voluntary and you both must agree to it in order for it to proceed.

What to consider before mediation?

It is important to think about whether you feel you are able to speak freely and respectfully to one another. The success of your mediation relies on you both being engaged, honest, and respectful. If there is ongoing domestic abuse it is unlikely that mediation will be the best process for you at this time.

Our mediators will be able to address any concerns you have and they will screen for any safeguarding issues when they speak to each of you in the confidential individual meeting before the joint sessions begin.

Who pays for family mediation?

Normally each person pays their own costs of the mediation meetings but a couple are able to come to a different arrangement about this depending on what works for them and their financial circumstances.

There is also a Mediation Voucher Scheme available for couples that mediate about children arrangements (this can be in addition to financial matters). This entitles each couple to £500 towards their mediation fees. Our mediators will discuss this and payment options with you both before the mediation begins.

Our Family Partner

We take the time to get to know our clients and their businesses, and we work collaboratively with them to achieve their goals.

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Graeme Fraser Partner

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For proactive, bespoke, commercial solutions, contact us to discuss your needs.

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I worked with Graeme Fraser during the processing of my divorce filings. I found Graeme a measured person with wise counsel. I thoroughly recommend him to anyone faced with navigating what is for many a difficult and fraught journey. He handles difficult conversations with care and sensitivity and an appropriate amount of humor.

Peter

Needing a lawyer in a different country was a bit overwhelming living in the US. Graeme Fraser and Gemma Barnhurst were lovely to work with. They put me at ease and provided good counsel. I am glad I was referred to BBS Law by a friend and would recommend them to anyone else needing similar services.