A prudent referral to mediation can mean the difference between a returning client and a dissatisfied client who goes elsewhere.
Peaceful Solutions always works co-operatively with legal advisors ensuring that the client gets the best of both worlds; your legal expertise and our mediation skills.
Peaceful Solutions can take referrals for all issues, principally children, property and finance. These include referrals under the LSC Funding Code S.11. All our clients are offered an eligibility test for mediation Legal Aid. We provide a complementary service to the clients’ solicitors ensuring that they take the appropriate legal advice and instruct their own family lawyers. Unrepresented clients are referred to the family lawyers who work with us.
A Quick Guide for Solicitors for Funding Code Referral
What the solicitor should do:
Inform the client about attending a MIAMs
Discuss with your client whether they would prefer to see the mediator before the willingness test on the other party to obtain further information regarding mediation.
Discuss with the client whether, if the other party indicates a willingness, the client would prefer an individual or joint assessment meeting.
Email the completed referral form to the mediator or telephone the referral through.
When the mediator returns the APP7 form, include this with any application for Legal Representation.
What the Mediator will do:
Conduct the willingness test on the other party if necessary, first by writing to them and their solicitor if appointed and then with a follow up telephone call
Arrange an assessment meeting if the other party shows willingness
Or arrange a meeting if the referred client indicates a wish for an assessment meeting before the willingness test has been undertaken.
Send both parties an appointment letter confirming the date of the meeting and outlining the process.
Complete the APP7 at whatever stage the assessment/mediation terminates, advise the client to return to their solicitor, and send the APP7 to the solicitor.
Keep in contact with the solicitors as and when necessary and always at the conclusion of the assessment/mediation process.
As a professional you can assess the weakness of your client’s case in relation to their tolerance for risk. Mediation provides a solution when you want:
- an economical process with closure.
- to eliminate the risk of a negative outcome.
- a faster resolution than the courts can provide.
- privacy and confidentiality
- no precedents to be set.
Mediation is especially suitable when:
- there is a reason to co-operate, work or live together in the future
- confidentiality is a priority
- the parties are interested in an outcome that maximises collective benefit
- future decisions are reliant on a speedy resolution
- the issues are multi-faceted