Family

Mediation and arbitration

Mediation and arbitration

The breakdown of a relationship can have a devastating effect on the parties concerned and their families. This can be made worse if expensive and bitterly-fought court proceedings follow, forcing the parties even further apart.

The most successful outcomes are often reached without the adversarial requirements of the Law Courts. Each of the non-court processes mentioned here will keep the parties in control of how their disputes are settled. They are conducted in complete privacy and confidentiality, at venues and at times of the parties’ choosing.

We have a team of senior specialist lawyers, all partners in our department, qualified to work as mediators and collaborative lawyers. We cover all issues, of which disputes about finances and children are the most common. We also offer arbitration.

In mediation, both parties agree on the choice of a neutral mediator. The mediator’s role is to facilitate the discussions between the parties themselves, exploring options and taking account of individually important factors. This allows the parties to craft arrangements that are right for them whereas a court can only make a narrow range of orders which it imposes but which neither party might choose. By definition, mediation is constructive. The mediator cannot advise but is there to help, using their own background in family law. The couple make their own decisions, taking legal advice from their own lawyers where needed.

Collaborative law is a process by which the parties, together with their own solicitors (who must be qualified to undertake this sort of work), engage in a series of face-to-face meetings, to discuss their needs and their objectives with the aim of finding a tailor-made and mutually acceptable solution.

Arbitration mirrors the court system. With the agreement of the arbitrator, standard processes and procedures can be varied to suit the parties. Lawyers are involved in the same way as they would be in court. The arbitrator can deal with discrete issues or the whole of a dispute. The end result is an arbitration award (ruling) which is binding. The law applied is that of England and Wales.

Head of department Henry Hood is a member of the Institute of Family Law Arbitrators (IFLA), fully qualified to conduct arbitrations. Henry and Jo Carr-West are accredited mediators with the Family Mediation Council and are able to conduct mediation information and assessment meetings (MIAMs) for court use, whilst Hetty Gleave and Jay Patel are qualified mediators. Henry and Richard Kershaw are also qualified Collaborative lawyers.

Family Experts

We identify our clients’ needs and tailor our work to each set of circumstances, providing high quality, cost effective advice. We are a multi-disciplinary practice and work collaboratively to provide a comprehensive service across all of our practice areas.

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Jo Carr-West

Partner

Jo Carr-West

Partner

Henry Hood

Partner

Henry Hood

Partner

Richard Kershaw

Partner

Richard Kershaw

Partner

Amy Scollan

Partner

Amy Scollan

Partner

Nicole Derham

Senior Associate

Nicole Derham

Senior Associate

Polly Atkins

Associate

Polly Atkins

Associate

Eri Horrocks

Associate

Eri Horrocks

Associate

Anna Roiser

Knowledge Development Lawyer

Anna Roiser

Senior Associate

Latest Family Headlines

Aug 02, 2021
Henry Hood examines the Thwaite jurisdiction where a client seeks adjustment of a financial remedy order in The Review
Jul 29, 2021
Eri Horrocks discusses what happens to the children when separated parents differ on relocating in WealthBriefing
Jul 28, 2021
Eri Horrocks discusses a practical guide to emergency private children cases in The Review
Jul 27, 2021
Eri Horrocks discusses what separated parents wanting to relocate within the UK need to know in Family Law Week
Jul 22, 2021
Hunters’ success in the Chambers HNW 2021 Guide
Jul 12, 2021
Jo Carr-West and Lara Barton discuss recent recommendations that would assist divorcing couples in managing the CGT implications of separating their financial affairs in Family Law Week
Jul 07, 2021
Hunters’ success in the 2021 Spear’s Family Law Index
Jun 22, 2021
Jo Carr-West and Lara Barton discuss CGT for divorcing couples in WealthBriefing’s Family Wealth Report
Jun 15, 2021
Eri Horrocks discusses what separated parents must consider when wanting to relocate within the UK
Jun 10, 2021
Henry Hood and Nicole Derham discuss what separated parents should be aware of when taking their children abroad on holiday in The Times
“A really excellent firm. Strength across the board in the family team and at all levels from senior partners to associates. Providing excellent value for money. Dedicated and committed and extremely supportive of its clients – providing sound and realistic advice with a proper eye on costs”

The Legal 500 2021

“There is no other firm that manages clients’ expectations as its lawyers does, or who will better hold the clients’ hand in what is often such a traumatic and difficult time for them”

The Legal 500 2020

“All of the partners are extremely able, headed up by the king of rainmakers, the indomitable Henry Hood. The department now also has some of the best associates in London. It has such strength throughout”

The Legal 500 2021

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