In General Mediation, if you do not come to a complete agreement on all issues, the Mediation process fails and you have to start all over again and go through Court Litigation;
Prior to Mediation your solicitor will have
advised you as to your options so that you know during mediation that:
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the proposals being discussed by you and your partner are within those parameters or alternatively.
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if you choose to settle on certain terms and those terms are less than your solicitor has advised you may achieve, you can do so making that deliberate choice because the settlement suits you
Prior to Mediation whilst your solicitor will have advised you, there will be no formal offers of settlement between solicitors. This is so as not to fetter or burden the mediation and allow you and your partner to reach a deal that suits you no matter what the law might suggest. At the end of Mediation there may be alternative outcomes.
If you have settled all aspects of your case, then:
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The Mediator will provide a report to both solicitors
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Both solicitors will then prepare consent orders to the Court and the other documentation needed
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They will also prepare an open summary for the Arbitrator setting out the facts, your agreement, a net effect schedule of your Agreement and inviting the Arbitrator to cross check the fairness of this Agreement or why it has been made
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The Arbitrator will review the summary and if that Arbitrator thinks it all looks sensible will issue an award in terms of your agreement
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The Arbitrator may hold a meeting with you and your solicitors to discuss your agreement if that Arbitrator has any concerns about the agreement
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At the conclusion of this process the Arbitrator will issue an award which your solicitors will file at Court with orders pursuant to the Arbitration protocol, and this means you should receive sealed orders back from the Court in a fortnight rather than some 20 plus weeks;