Mediation

Mediation is a form of Alternative Dispute Resolution (ADR). It provides an alternative to court proceedings and is used to help conflicting parties to resolve their differences.

The process is facilitated by a neutral third party, called a Mediator, who aids communication and assists with negotiations.

Kingsley Solicitors has a team of Accredited Mediators that can deal with Civil, Commercial and Family Law Mediation.

We provide mediation services for a wide range of issues:

Contentious probate

When it comes to matters relating to inheritance, legal disputes are very common as many parties go straight to trial to resolve the case. However, mediation has provided to be an excellent way of achieving a resolution without the high costs of litigation.

Meditation gives grieving family members the opportunity to hear each other and negotiate their matters. The meditator is responsible for helping to achieving a settlement that is agreeable to everyone.

Boundary disputes

A boundary dispute usually arrives when there is confusion over where the boundary lies between two properties. They can be complicated as they usually involve the people you live next door to, making for a stressful home life.

They can also be expensive disputes to fight in Court, especially if you lose the case and have to cover your own legal fees and those of the other side. Mediation is often a far better and more cost-effective way to achieve a resolution to disputes over party walls, driveways, maintenance, and restrictive covenants.

Partnership disputes

It is quite common for the relationship between people who work together in a business they co-own to breakdown over time. If no partnership agreement was put in place, it can also lead to disagreements and highly emotive situations.

These disputes may arrive due to unfair prejudice to minority shareholders, breach of shareholder agreements, misappropriate of funds, or breach of director duties. Whatever the reason, our skilled mediators are usually able to seek a resolution to serve both sides’ best interests without litigation.

Employment claims

Employment disputes are stressful, time-consuming, and a drain on resources for both the employee and employer. This can make mediation a more appealing solution than litigations, as it’s more likely to resolve the dispute quickly and cost-effectively.

Mediation can repair relationships as it’s focus is finding a solution rather than allocating blame, which is helpful if the parties plan to continue working together. It may also allow for alternative solutions, such as agreed references, rather than just financial ones.

Contact matters

The breakdown of a family unit is never easy, but it can be made even more difficult if there are disputes over contact with children. In the heat of the moment, going to court might seem like the only option, but mediation is often a better choice.

Mediation can be used to resolve disputes relating to contact between grandparents and grandchildren as well as parents and children. An accredited and experienced mediator is highly skilled at achieving outcomes to suit both parties with less cost than litigations.

Financial settlements

Divorces are generally highly emotive experiences for clients making it difficult to see any alternative but court action, but in reality, alternative dispute resolution is usually quicker, cheaper, and more successful.

Mediation is designed to help you and your former partner come to an agreement on financial settlement, so you can both move forward without the need to proceed to family court. Our accredited mediators are highly skilled at negotiating with the other side and finding a resolution to suit everyone.

Cohabitation disputes

When an unmarried, cohabiting couple separate it can be difficult to know how to divide your assets, as it is not done as part of a divorce. Property rights are often a major point of conflict in this situation, especially when one partner isn’t named on the deeds.

Although you don’t have the same rights as married couples or those in civil partnerships, you do have some rights and it’s important to know what these are. Appointing a mediator is a good way to work your way through these disputes, decide on future arrangements, and achieve a reasonable financial solution for both parties without hefty legal feels.

Contract disputes

There are many different forms of contract disputes, including those involving employment contracts, tenancy contracts, or even renovation and build contracts. Whatever type of dispute you have, Kingsley can appoint a mediator to help both parties achieve a satisfactory solution.

How do I start the process?

Either one or both parties can contact us to request mediation. Alternatively, your solicitor may refer you to us. Having received a referral we will ensure that all the parties to the dispute agree to participate in the mediation before making arrangements for the day of mediation itself.

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