Traditional #mediation involves just the clients and their #mediator and for the most part it works extremely well. However, from time to time, especially with Financial Mediations they can get bogged down on legal issues that your #mediator cannot resolve. This leads to a adjournment in the #mediation whilst clients go off to get legal advice; this causes delays and frustration for all.
Solicitor Assisted Mediation (#S.A.M.) offers an alternative to traditional mediation and litigation.
With #Solicitor Assisted Mediation clients attend #mediation with their respective solicitors, they are still mediating, but if there are legal questions to be addressed, their solicitors are right there ready to support them. The clients negotiate their own settlement and decide how they want to divide their property and other assets. At any time they can call for an adjournment and go to a breakout room to discuss their concerns privately with their solicitor. Once an agreement is reach your solicitor can write up a Heads Of Agreement or I have had some solicitors draft a Legally Binding Financial Agreement on the day, which clients can sign if they both agree.
Reasons To Use #S.A.M.
- A more open and transparent process leading to less animosity and distrust between clients.
- Extremely cost effective, #S.A.M. costs many thousands of dollars less than litigation.
- We can start the process with mediation and work through much of the emotion and difficulties before coming together for #S.A.M.
- #Mediation can prove a cost-effective way of collecting all the relevant data needed to finales property settlements.
- A much quicker process than taking a matter through the courts, a #financial mediation could be finalised within weeks not months or years as with litigation.
- For uncomplicated matters a Financial Agreement can be completed and signed on the day
- If clients don’t get a resolution through #S.A.M. they can still take the matter to court and clients can continue their relationships with their existing solicitors. Unlike Collaborative Law, where if it fails clients must find new solicitors.
