Lawyer-supported mediation is a "non-adversarial method of
alternative dispute resolution (ADR) to resolves disputes, such as to settle family issues at a time of
divorce
Divorce (also known as dissolution of marriage) is the process of terminating a marriage or marital union. Divorce usually entails the canceling or reorganizing of the legal duties and responsibilities of marriage, thus dissolving the ...
or
separation, including child support, custody issues and division of property".
The approach sets out to integrate the contribution of family lawyer or solicitor with that of a family mediator. Users of lawyer-supported mediation first meet their respective lawyers to take advice before jointly attending mediation sessions. Legal advice is taken between sessions to inform options being discussed at mediation. Following mediation, the lawyers are called upon to review any agreement reached and to make aspects of it made legally binding. Since neither lawyer is initially being retained as a negotiator or litigator, the cost of legal advice is typically fixed for clients choosing lawyer-supported mediation.
In the event of lawyer-supported mediation failing to deliver a partial or full agreement, both parties are free to retain their respective lawyers to pursue
litigation. This is not the case with
collaborative law where a breakdown in roundtable negotiations requires each party to instruct a new family lawyer before proceeding with court action.
United Kingdom
Lawyer-supported mediation is being pioneered in the
United Kingdom
The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the European mainland, continental mainland. It comprises England, Scotlan ...
(UK). A pilot service covering Greater
London
London is the capital and List of urban areas in the United Kingdom, largest city of England and the United Kingdom, with a population of just under 9 million. It stands on the River Thames in south-east England at the head of a estuary dow ...
began in 2012.
More recently, UK retail giant the Co-op launched a fixed fee legal advice service for clients choosing family mediation.
According to figures released by the UK's Legal Services Commission, the success rate of publicly funded mediations in 2009/2010 stood at 70%.
United States
In 1989,
Arlen F. Gregorio created the first law partnership that focused exclusively on the mediation of civil trial matters.
The firm is known as Gregorio, Haldeman & Rotman and is located in San Francisco.
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See also
* Arbitration
* Collaborative law
* Alternative dispute resolution
References
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Mediation