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Mediation – A real crucible for change

23rd May 2018 by Kenneth Clarke

Categories: Family Mediation News
Tags: , , , ,

At Laceys Mediation we acknowledge that many separated couples are facing many challenges in attempting to re-establish their lives as single individuals. Most people in this situation wish to avoid a traumatic and expensive court battle, and mediation offers an effective solution for the majority of couples who find themselves in this position.

Laceys mediation is one of the South Coasts longest established mediation practices. Our mediators bring a wealth of experience to help their clients resolve disputes quickly, peacefully and with minimal cost.

Where litigation is adversarial, protracted and expensive, mediation offers an alternative model of dispute resolution that seeks to empower clients, so that they fashion the agreements and make the important decisions that will shape their futures. It is natural for people in dispute, struggling with conflicting emotions, to believe that they will never be able to reach agreement with their ex -partner.  However, as many of our clients have found, you do not need to be friends in order to achieve solution. Our mediators are able provide our clients with the skills and strategies required to negotiate effectively.

The use of court proceedings is often an extension of the control that parties in a dispute seek to exert over the other. This leads to months of embittered litigation and substantial costs. This can be a particular drain on family resources where there are low to modest assets, the costs of litigation being disproportionate to the amount in dispute.

Litigation so often polarises people in their already entrenched and divisive positions. However, to achieve successful outcomes that are durable and cost effective, a de-escalation of conflict is vital. At Laceys Mediation our mediators believe that a properly managed mediation can lay the foundation for more positive and constructive negotiation.

Such an approach is particularly beneficial in children disputes. Laceys Mediation has unparalleled success in this specialised and sensitive area of the law, having helped literally hundreds of parents work cooperatively for the sake of their children. Studies have shown that parents participating in mediation experience an overall reduction in conflict and hostility. Generally, there is lower re-litigation with parties who have attended mediation than litigants who have only gone through the court system.

Clients of Laceys Mediation have found that the abiding and healthy features of agreements forged in their mediations are durability, adherence to the terms of the agreement, and satisfaction with the terms of the settlement.

Since 2011 mediation has moved from the periphery to the mainstream of dispute resolution in England, with parties encouraged to consider mediation as early as possible in their dispute. Early referral to mediation enhances the prospects of a successful outcome. With exceptions if domestic violence is or has been present, or there are risks for children, applications to the court are not permitted unless the parties have attended a mediation assessment meeting (MIAM).

Laceys Mediation believe that the case for mediation is persuasive and unequivocal.

3 CORE BENEFITS OF THE PROCESS

  • Mediation is efficient and requires limited time and expense to reach agreement.
  • Mediation is fairer and more sensitive to the party’s needs which makes the experience more satisfying for our clients.
  • Mediation is highly effective. At Laceys Mediation the majority of participants reach agreement, report a high level of satisfaction with the process, consider it fair, and tend to comply with their agreement. Many are able to resolve any future issues informally without having to seek legal advice or return to mediation. This is because their previous experience in mediation enabled them to acquire the tools to negotiate problems more effectively.

 

Kenneth Clarke

Associate — Family Mediation

Direct dial: 01202 721822

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“What could have potentially been an extremely upsetting and inflammatory scenario, proved to be a surprisingly smooth and conflict free process through Laceys mediation. With Kenneth’s extensive experience we were able to reach an agreeable outcome without spending our life savings!”

Julie Morris

Kenneth is the elder statesman of our mediation team, with forty years’ experience as a family lawyer, and qualified as a mediator in 1996. Kenneth has been a key member of the Laceys mediation team since 2005, specialising in financial and children cases, with a particular interest and specialisation in high conflict cases.

Kenneth is also qualified to consult with children, a growing part of the mediation process. Always looking to expand the boundaries of mediation practice,  Kenneth brings a degree of gravitas, humour, understanding and empathy when he mediates with clients,  creating a positive environment in which clients work together to resolve their issues quickly and cost-effectively.

Out of office hours, Kenneth’s main passion is writing musical theatre. When he has time Kenneth also enjoys travel, especially cruising.

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