MEDIATION ROUTE Claimant Respondent me that they hard we “It really upsets don’t care “They don’t understand how about the effects this had had on me/my tried. They wanted the impossible and it business/family. They have destroyed was always going to go wrong their – it’s XYZ and get away with (this fault and look at the effect it has had on shouldn’t it” element is suppressed in litigation as me/my (this element is business/family” irrelevant to legal argument and the not acknowledged or dealt with in case) litigation, advisers are soothing, but ignore clients’ real motivation) The mediator acknowledges all beliefs/feelings fuelling litigation/conflict The mediator challenges beliefs gently whether legal or otherwise; the mediator encouraging the parties to adjust their re-frames beliefs to each party to help world view. This is done in such a way them understand the other beliefs that it is not irresistible force re-enforcing side’s and potentially empathise and change immovable object which is the effect of – beliefs/position. litigation. The mediator helps each party to The mediator helps people to settle understand they will probably never without losing face, without admitting agree on the ever but defeat, without losing often agreeing “truth” – – that’s – OK, they have to agree on the truth. something a court could not have don’t If they want to stop the tarantella of ordered litigation, they can agree to settle without agreeing to the other version of person’s the truth DEALS WITH FIRE- ANGRY CLIENTS LEFT BRAIN IN DENIAL AND WANT TO THINK IT’S RATIONAL NOT EMOTIONAL or PSYCHOLOGICAL National Audit Office Report into Family Mediation 2007 is faster, cheaper, and less adversarial than the courts it is the duty of “Mediation – legal advisers to tell clients about mediation, but they have a financial disincentive to do so many bypass it” 1/3 clients interviewed by the NAO had not been told about mediation by lawyers – of which 40% would have tried it. Mediated L/A case Non mediated L/A case £754 Average Cost £1,682 110 days Duration 435 days NAO concluded the Legal Services Commission should promote mediation Legal Aid for Family Private Law cases cost the taxpayer £360m p.a until stopped – this April. Mediations costs £16m pa.
MEDIATION Claimant “It really upsets me that they don’t care about the effects this had had on me/my business/family. They have destroyed XYZ and shouldn’t get away with it” (this element is suppressed in litigation as irrelevant to legal argument and the case) The mediator acknowledges all beliefs/feelings fuelling litigation/conflict whether legal or otherwise; the mediator re-frames beliefs to each party to help them understand the other side’s beliefs and potentially empathise and change beliefs/position. The mediator helps each party to understand they will probably never agree on the “truth” – ever – but that’s OK, they don’t have to agree on the truth. If they want to stop the tarantella of litigation, they can agree to settle without agreeing to the other person’s version of the truth LEFT BRAIN ROUTE Respondent “They don’t understand how hard we tried. They wanted the impossible and it was always going to go wrong – it’s their fault and look at the effect it has had on me/my business/family” (this element is not acknowledged or dealt with in litigation, advisers are soothing, but ignore clients’ real motivation) The mediator challenges beliefs gently encouraging the parties to adjust their world view. This is done in such a way that it is not irresistible force re-enforcing immovable object – which is the effect of litigation. The mediator helps people to settle without losing face, without admitting defeat, without losing – often agreeing something a court could not have ordered DEALS WITH FIRE- ANGRY CLIENTS IN DENIAL AND WANT TO THINK IT’S RATIONAL NOT EMOTIONAL or PSYCHOLOGICAL National Audit Office Report into Family Mediation 2007 “Mediation is faster, cheaper, and less adversarial than the courts – it is the duty of legal advisers to tell clients about mediation, but they have a financial disincentive to do so many bypass it” 1/3 clients interviewed by the NAO had not been told about mediation by lawyers – of which 40% would have tried it. Mediated L/A case Non mediated L/A case £754 Average Cost £1,682 110 days Duration 435 days NAO concluded the Legal Services Commission should promote mediation Legal Aid for Family Private Law cases cost the taxpayer £360m p.a – until stopped this April. Mediations costs £16m pa.
FMA%20%20DR%20compulsory%20assessment%20compulsory%20mediation%20%20June%202013.docx