‘No win no fee’ – What you need to know?

Is extremely probable that at sometime in your life you will be involved in some form of legal transaction, whether it be in the form of a buying a house, getting divorced or a major court case.

And worrying about legal costs can be frightening – especially in a big litigation case like, for example an accident or medical negligence claim, or a business litigation case. It’s hardly surprising that many people are simply left asking themselves the question of how exactly they can go about paying for it. Thankfully amidst all the legal jargon you are likely to hear, there is one term that can help alleviate the financial pressures. ‘No win no fee’ is a term used by law firms, but what does it actually mean? This article looks at what the term ‘no win no fee’ means and the steps you can take to pursue a claim under such an agreement.

What exactly is ‘no win no fee’?

In most aspects ‘no win no fee’ is pretty self-explanatory, as it entitles a claimant to put forward a claim without needing to pay the legal costs upfront. It is a risk free approach largely because in bringing a claim,, in broad terms, you will only need to pay if you win your case.

However, no win no fee, [or a conditional fee agreement as is often known] can take on different variations – as in some instances you may only have to pay some or part of the costs, this is especially true when a judge orders the defendant in the case to pay part or all of your legal fees. If you are putting forward a medical negligence claim, then there is every chance that the insurance company covering the Doctor or hospital in question may cover your fees should you win. Pursuing a claim via a ‘no win no fee’ agreement is the perfect option for those who don’t want to or can’t afford expensive court fees and unnecessary stress.

Will my claim qualify for a ‘no win no fee’ approach?

Many types of court claims can be taken on under ‘no win no fee’, but some are more wildly considered suitable for such agreement than others. Clinical or medical negligence cases, along with accident claims what most people think about when they hear the phrase ‘no win no fee’.

However some firms, like Bonallack and Bishop, offer no win no fee agreements for a much wider range of legal action including the following;

  • professional negligence claims – against a wide range of professionals including solicitors, barristers, accountants, financial advisers and builders
  • contesting a will or inheritance claims
  • some types of business litigation
  • some types of employment claims

Your no-win no fee claim – finding the right solicitor

Finally of your case potentially qualifies for ‘no win no fee’ funding is one thing, finding the right solicitor to handle your case is another thing entirely.

To start your search for the right solicitor, probably the first place to start is to ask for recommendations from friends and family. Failing that go online and google – not only should you have a look at the website of any law firm you’re considering, but don’t forget there are increasing number of online reviews of law firms – so you can see what other people are saying about the solicitors in your area. You probably wouldn’t buy washing machine without checking out some online reviews – picking the right solicitor is no different.

Make sure that you find a firm with real expertise in your kind of case. So when it comes to picking a really good specialist solicitor for say an accident claim or medical negligence case – you should start at looking at which firms locally have members of the in relevant membership panels (such as the Law Society’s own Clinical Negligence and Personal Injury Panels, and the medical negligence panel run by patient justice charity AvMA). You may be surprised to find out how few solicitors really are specialist. Example there are only three law firms in the whole of Wiltshire with members of the Law Society’s clinical negligence panel – needless to say we are one of them.

However, all this careful preparation will be for nothing if you don’t feel comfortable and at ease around your chosen solicitor. Trust is key and knowing that you can talk about your case in a judgement free environment will always be important when it comes to putting your case forward.

Want to make a No Win No Fee Claim? Contact us now

For FREE initial advice about using no win no fee to make an accident or any other type of claim in Salisbury, contact our team today;

• Call us on SALISBURY (01722) 4223000

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Joint business breakfast networking meeting in February.

Here at Bonallack and Bishop we are happy to confirm that yet again we are holding a joint breakfast networking meeting in the New Year with Salisbury’s Ambassadors Business Breakfast Club. We have been holding these joint breakfasts twice a year for four or five years now, and the events are always really well attended – with up to 60 local business people happily networking away and making new relationships..

This joint breakfast club meeting will be held at the Grasmere House Hotel in Salisbury on Tuesday, February 10.

If you have not yet been along to one of the meetings of our Salisbury Breakfast Club, which has been running now since 2008, we love to see you there. The breakfast starts at 8 AM and run through to about 9.15am and they are open to all. There is no formality, and no requirement to get up and make a presentation – just the chance for a great British breakfast and the chance to network with dozens of local businesses.

There no need for a subscription or joining fee – just £10 for a hearty cooked breakfast. But do make sure that you pay for your breakfast in advance by 12 noon on Monday, February 9 please.

Are you interested in joining us for breakfast? Simply email marketing assistant Tina Shaw at Bonallack and Bishop on tina.shaw@bishopslaw.com or call Tina’s direct dial 01722 424483 to book your place.

Will Family Mediation Have an Adverse Effect on My Kids?

Going through a family separation or divorce is often highly stressful and upsetting not just for the couple, but for everyone involved. People have the whole range of emotions from hurt through to anger or guilt, and when children are involved in the break up, worries about the effects of the split on the children can be devastating. Parents worry about the consequences of having to divide up assets like property and time spend with the kids, and it is also a very common worry that going to family mediation will be upsetting for the children.

The harsh truth is that is impossible to shield children completely from the effects of their parents splitting up and getting divorced. It will be painful for them, but it can be helpful to think of family mediation sessions as the start of a new chapter in family life rather than the bitter end to what went before. Through mediation, the whole family can put the past behind them and start to move to a position where everyone is clear about the arrangements going forward and can start to make plans and decisions based on the settlement agreed during mediation sessions.

Your children – an important part of family  mediation

During the mediation meetings, the main concern of the mediator are the wishes and needs of your children. Mediators are trained to recognise the seriousness of a family breakdown and will make sure that the welfare of any children is the top priority when it comes to dividing up money, assets and visitation rights. Remember though, that any agreement made during a mediation session is not legally binding, so if you are unhappy with the outcome, you can still take the matter to court. Judges will take a mediator’s recommendations into account when making their ruling, but they may not always agree totally with the mediator.

Being able to show that you have given mediation a good go and have tried your best to stick to agreements made in mediation sessions will definitely paint you in a good light if you do end up going through the family law courts.

Separation and divorce – it’s not just about you

Parents are often not aware of the full effects of their divorce or separation on their children. Children often find it difficult to express their feelings and can’t open up about how they are feeling and parents who are absorbed in their own emotional turmoil over divorce are often oblivious to the feelings of the children. Children often put on a brave face and pretend everything is fine because they know how upset their parents are and don’t want to make things worse, or in an effort to convince themselves that they are making a fuss about nothing.

Working through this range of emotions is not easy. Going through the family mediation process can help to keep things moving forwards though and can help turn a very negative situation into something a little more positive. If you are in the position of having recently split up or are going through a divorce, then think about speaking to a family mediation expert to help move things along and come to agreement with your ex-partner about practicalities for the future.

Going through mediation means that that all of the family – and especially the children – can look to the future knowing that the details have been sorted out. Everyone knows what arrangements are in place and where they stand.

Family mediation – can it help children cope with separation?

And perhaps most important of all, successful family mediation shows that despite breaking up, parents can still work together for the benefit of the family. This is so important to children and for this reason alone, family mediation can really help your children cope with the pain of divorce and separation.

Looking for a family mediator in Salisbury? Contact us now

We are one of only three Salisbury law firms with jointly qualified family lawyers/mediators. For FREE specialist phone advice about how mediation can help you;

• Simply phone our family mediators on SALISBURY (01722) 4223000 or

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Is using a family mediator right for you?

Relationship breakdown, separation and divorce are never pleasant experiences for those involved, in fact they can be an extremely depressing time to navigate through. Whether it is worrying about your finances or whether or not you will get custody of the kids, there is a lot of stress to take on during a short space of time. Discussion points such as cars, cash, children, land and property all have to be addressed. It will all be discussed during divorce proceedings, meaning that both if not all parties involved will be left wondering how exactly to go about sorting matters. The situation can become even more complex when there is breakdown of communication between ex-partners or spouses.

What is family mediation?

Divorce is a period of time in which tempers are flared and individuals are emotionally fragile, these issues often get worse when the family court gets involved. Family mediation is different; mediators understand that there is often a high-level of emotion involved during divorce and strives to present a calm and stable environment for couples to discuss their issues. Mediation presents the chance for spouses to decide both the big and small aspects of their divorce without running up uncontrollable costs. Meetings are run be a family mediator, who presents topics for discussion and works towards reaching a conclusion between spouses in a non-hostile and calm way. Talks are focused around being honest and open, so any decisions reached aren’t misconstrued or misinterpreted.

Before the start of any mediation process, a mediator will run you through the relevant law with regards to divorce, but cannot give out any legal advice to the parties involved. Each party will need their own divorce lawyer for that. Remember, agreements made during mediation are not legally binding, but can be made so if the court approves a formal consent order setting out the terms agreed between the parties.

Using a family mediator – the advantages

It isn’t hard to see why mediation is currently booming in popularity in the UK, as it has many advantages going for it. For example, the speed in which issues are resolved during mediation far outdo that of court based proceedings. Some couples may even be able to wrap up their issues in just one or two meetings, it will be longer for others, but in general divorce or other family law issues are decided upon far faster than any sole court based divorce.

The therapeutic element of using a family mediator is something that often goes unmentioned. It allows couples to enter an environment together where there is no pressure and can talk about their issues without a heavy legal input. Other forms of divorce resolution can be overly intense and impersonal by allowing third parties to make decisions in your divorce. Mediation takes on a more counseling focused approach, in the sense that couples are encouraged work out their issues to reach a conclusion that is acceptable to all. Children of a divorce will also benefit from knowing that their parents aren’t at each other’s throats during a separation. It serves as a base for which all-future communication between spouses over children can be built upon.

Mediation is still a legal process at the end of the day so there are costs involved, but in general the process can be a real money saver. It really can speed up a divorce – so you could spend far less on solicitor fees and may well end up paying less than expected..

Using a family mediator – the disadvantages

One myth that gets brought up by those skeptical of mediation is the costs involved, more importantly the costs involved when the sessions get into the high numbers. On immediate viewing it may seem alarming but when put up against fully-fledged court proceedings costs it will seem like a drop in the ocean. It avoids the need for costly court hearings and hours upon hours sitting in solicitor’s offices. Those who choose mediation could even qualify for legal aid, meaning that you may only have to pay a fraction of the costs involved if any at all. Another issue raised is that of meeting up with an ex-partner soon after a marriage or civil partnership has broken down. It can be emotionally draining, however it’s a part of every divorce process and mediation can actually help make that step easier than you think.

Extra information

If you believe that mediation is right for you and is something that you wish to make use of it in your divorce, you will need to find an appropriate mediator. In general there are two types of mediator available, one that is solely a family law mediator and the other a jointly qualified family lawyer and family mediator. We believe that a jointly qualified lawyer/mediator is the way to go –  a mediator who is also a qualified lawyer will really understand the legal ramifications of relationship breakdown and the practical issues  involved.

Family mediation may have once been a lesser-known option for those going through divorce, but in the 21st century that certainly isn’t the case. It is now the best way for those who want to address their divorce in way that doesn’t involve the courts or excessive legal proceedings. Always remember that it takes two sides to co-operate in order to have successful mediation, but if that is something that can happen then you can not only reach a happy conclusion, but one that comes without stress as an added expense.

Looking for a Specialist Family Mediation in Salisbury? Call us now

We are one of just three law firms in Salisbury who provide a family mediation service.

• Simply phone one of our family mediators on SALISBURY (01722) 4223000 or

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Bonallack and Bishop Aim to Double Lease Extension Work

Here at Bonallack and Bishop we’ve got big plans to increase the amount of lease extension work in the next two years. We already have a dedicated legal team who work exclusively on freehold purchase, right to manage and lease extension cases, and they already handle well over 200 cases every year. We understand that there are around 1.5 million leasehold flats in England and Wales, all of which will need a leasehold extension at some stage. We think that this presents a great opportunity to increase the workload of our lease extension significantly, and expand our team too.

We’re not just hoping that increased business floods in because of the current housing boom. We are already starting a marketing campaign, based around educating leaseholders. It is staggering to see how many long residential leaseholders are unaware of their legal rights to force the freeholder into extending their leases by up to 90 years, and understand that it’s not just flat owners who may have this right. Lots of estate agents, mortgage brokers and other property professionals also have a shaky grasp on the lease extension process, and when trying to sell a flat with a short lease remaining this becomes a huge issue.

We have already noticed an increase in the amount of work we’re doing, and as well as giving our team of specialist lease extension solicitors extra administrative support, the company’s trainee solicitor is about to join the team.

Act now to start your lease extension

There’s only one very simple piece of advice when it comes to lease extension – start the process now. As time passes your lease gets shorter, which makes extending it more expensive. The situation is worse because of the current housing market and rapidly rising prices, as the cost to extend your lease is based on the value of your property. As your flat goes up in value, so does the amount you’re going to have to pay to extend your lease.

Looking for a specialist Lease Extension Solicitor in Salisbury? Contact us today

Most conveyancing solicitors only deal with lease extensions once every few years if at all – and sadly many of them don’t do it well. It’s a tricky area of law and you really need a specialists.We have the only specialist lease extension team in Wiltshire. Lease extension, along with freehold enfranchisement and right to manage company formation is all they do. So for genuine expert legal advice on extending your lease;

• Call our team on SALISBURY (01722) 4223000 or

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No win no fee – which claims does it suit?

At present, just about every time you switch on the TV, you are guaranteed to see numerous TV ads for solicitors, all pushing their services for various types of cases. Many of these ads are about solicitors offering to help you win compensation as a result of some type of personal injury, be it an accident at work, road traffic accident, medical negligence, criminal injury, or slips, trips and falls.

These adverts all highlight the fact that you may be a suitable candidate for claiming compensation – and a lot of these ads promise that this can be achieved on a no win no fee basis. But what is “no win no fee”? And, in reality, what types of legal cases is it  suitable for?

No win no fee- what is it?

No win no fee, or conditional fee arrangements (CFA), were introduced in 1995  by the government to help those who could not afford the highly legal bills incurred by making a compensation claim. Why? Well, the government were looking to reduce the expense of legal aid and as a result effectively removed legal aid from personal injury work. However, this would have effectively prevented those on low or middle incomes from claiming compensation for an accident at all – no matter how strong their case. They simply wouldn’t be able to afford legal fees. So the government introduced no win no fee – which meant that solicitors were able to take on cases on the basis that if the case failed, they wouldn’t get paid. But if the case succeeded, they were entitled to their costs from the other side – plus an uplift to repay them for the risk they took in taking a case without guaranteed payment.Simple really.

On the surface, making a claim using no win no fee  sounds clear enough. You do not have to pay your solicitor’s bill If the law firm representing you does not win the case.

However, if your claim is successful and you do win compensation, you may also be now responsible for paying a ‘success fee’ to your solicitor in return for them taking on the risk of losing the claim. The amendments to no win no fee made in April 2013 have made certain that this success fee will be no more than 25% of the compensation given as a maximum. However, this has also meant that the success fee is no longer recoverable from the defendant insurers. So most solicitors now recover their success fee from the client’s compensation

So, in what kind of cases suit no win no fee ?

No win no fee for accident claims

Most no win no fee arrangements are used in personal injury claims – when someone has sustained psychological and / or physical injury through a third party’s fault. This includes, for example, accidents at work, including industrial diseases, sports injury, road traffic accidents, slips, trips and falls, criminal injury, and defective products.

No win no fee for medical negligence

No win no fee is also commonly used in medical negligence claims -eg  when your GP or other medical professional treats you in a negligent manner and you suffer injury or financial loss. This not only includes cases of medical negligence, but also those of professional negligence, for instance, on the part of financial advisers, accountants, solicitors, and property professionals including builders, architects and surveyors.

No win no fee for other litigation

No win no fee agreements are also commonly available for other sorts of professional negligence claims – for example against financial advisers, accountants, solicitors, and property professionals including builders, architects and surveyors.

In addition, a small number of law firms, like us, offer no win no fee agreements for less usual areas of legal work, including contesting a will – and an even smaller number of law firms, again including us, also offer no win no fee agreements for some business law claims.

Family and criminal matters are never covered by no win no fee.

If you believe you have sustained an injury or financial loss through the fault of a third party and that you might be a suitable candidate for claiming compensation under a no win no fee arrangement, make sure you consult with one of our professional compensation claims solicitor for more help and information.

We offer no win no fee for the following

o Medical negligence claims

o Accident claims

o Professional negligence claims – including claims against negligent solicitors

o Contested will and probate claims

o Some employment law disputes, including unfair dismissal

  • o Commercial disputes – click here for more information about legal advice on your business dispute using a conditional fee or no win no fee arrangement

Looking for a No Win No Fee Solicitor in Salisbury? Contact us today

• Call our team on SALISBURY (01722) 4223000 or

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Stonehenge Chamber of Trade Business 2 Business Showcase – see you there

Of the three local business Expos we have taken part in over the years, this one is probably our favourite. It’s now in its eighth year, and we are proud to have supported it since the outset in 2006.

It’s not a big fancy Showcase – it doesn’t try to be overambitious, but it really works. While, for example, the Salisbury Expo was hugely flashy, it was clear too expensive and the whole thing collapsed. In contrast, the Stonehenge Business 2 Business Showcase seems to improve year-on-year.

It’s very friendly and needless to say, we’ve already booked our stand there.

When does it take place? It’s on Thursday, 18th September 2014 and takes place at Antrobus House in Amesbury.

This year the Business to Business showcase will be opened by Councillor Jane Scott, Leader of Wiltshire Council.

There may still be a couple of very reasonably priced stands left if you hurry – but if not, it still worth coming along to meet a whole host of local Amesbury, Salisbury, and Wiltshire-based businesses – because admission to visit the event is FREE!

Not only is entry free – but refreshments are kindly provided by the Chamber of Trade’s supporters free of charge – based on previous years, there are some pretty yummy things – this year, apparently you can enjoy sweet treats thanks from Dazzle and Bake, canapés courtesy of The Antrobus Arms Hotel, and afternoon tea courtesy from the Holiday Inn.

Free food and drink – free networking and a friendly welcome – what more could you want. See you there.

Tim Bishop, Bonallack and Bishop

Government to ban incentives in the latest crackdown on insurance fraud

The government unveiled its intention to ban law firms from “encouraging” people to make claims by providing them direct incentives like iPads or cash. About time too, we say.

The 2010 report Common Sense Common Safety, by Lord Young, advised as much. Introducing incentives pollutes the claims procedures. Incentives are responsible for such terms in the dictionary of day-to-day life such as “cash for crash”, “compensation culture”, and “ambulance chaser”. The sort incentives are totally unnecessary as well – why would getting you an iPad possibly make you more likely to claim what might be significant levels of compensation fuel injuries? It’s beyond me.

This latest announcement accompanied the Ministry of Justice consultation which addressed the same ground, and also recommended raising the small claims limit for whiplash, from £1000 to £5000. The proposed reforms are part of a new tide of reforms in the personal injury sector focused on insurance fraud. The reforms will additionally expect the courts to dismiss compensation claim applications “in full” where the claimant has been “fundamentally dishonest”.

The Ministry of Justice (MoJ) completed its’ already flagged reforms to whiplash claims for compensation with the ban on lawyers making pre-medical deals, and the proposal of new unbiased medical panels. It appears that the MoJ believes that its’ actions to date has had a “major contribution” to the drop in motor insurance premiums over the last year. Really? At the same time, however, the Association of British Insurers have reported recent figures showing that the number of fraudulent motor claims rose to a record 59,900 in 2013, at a value of £811 million (a rise of 34%).

The Ministry of Justice has also said that the insurance industry has promised that it will transfer any savings that occur from these reforms “straight to customers”, but don’t bet your life on this. It wasn’t at all surprising to hear that many insurers still state that, before a decrease in premiums can be offered to the public, yet more additional reforms were needed. Of course they do – they’re out to make profits for their shareholders, and do so by keeping the level of premiums high while reducing the amount they pay out in insurance claims . Contrary to the claims made by the insurance industry, that doesn’t appear to be any real evidence that recent reforms to the whole compensation claims process has directly produced any real reductions in levels of insurance premiums paid by the public.

In spite of the demand from a significant number of personal injury lawyers, a ban on incentives has oddly been resisted so far by the Solicitors Regulation Authority (SRA). Why? It beats me?.

Unless it would lead to considerable injustice, the proposal to dismiss compensation applications where the claimant has been essentially dishonest will apply. It will be a topic for the court to determine whether a claimant has been dishonest, the MoJ spokeswoman said, based on the individual case and other factors.

Thinking of making an accident claim? Contact us now

Our specialist local team have the necessary expertise to recover the full and fair amount of compensation and will also be able to treat your compensation claim with sensitivity.

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Clinical negligence panel AVMA grant Denise re-accreditation

Action against Victims of Medical Negligence [AvMA] is a nationwide charity who assist and advise anyone, who has been the victim of an clinical or medical negligence, regarding their rights and their family’s rights. Notable campaigns are supporting the enquiry against Staffordshire Hospital and introducing Duty of Candor (also known as Robbie’s Law). This acclaimed charity runs a highly recognised clinical negligence panel. Here at Bonallack and Bishop, we would like to congratulate Denise Broomfield, our medical negligence claims team leader, who has just attained re-accreditation to this respected panel.

The AvMA panel – real expertise

As would be expected from such a highly regarded charity, the AVMA operate a stringent and tough process when it comes to selecting solicitors within the medical negligence field. The figures don’t lie. There are more than 100,000 qualified solicitors in England and Wales. However, Denise is one of just 180 solicitors who are members of both the AVMA Specialist Solicitors Panel, as well as the Clinical Negligence Panel, managed by the governing body for solicitors in England and Wales, the Law Society. So she really is specialist in medical negligence compensation claims.

Accreditation to the highly-respected AvMA panel is only granted to solicitors who have demonstrated considerable competence in the clinical negligence field, married with the capacity for understanding the emotional needs of the individual who has been injured. They may be feeling very deceived by the medical professionals who caused their suffering. Now they are being asked to trust yet another professional.

We are massive supporters of the AVMA and everything they do. Apart from medical negligence solicitors, for many years now, they appear to be the only other organisation taking the concerns of victims of clinical negligence seriously, well before journalists realised there were stories to write on the continual scandals within the NHS. We are however lucky in Salisbury – SDH is generally a very well-run hospital with good standards and way ahead of many of the other hospitals our team regularly run claims against.

An AVMA panel member since 1996 (where for some time she was the youngest solicitor in the country), Denise can not only help you with your compensation claim, but she can represent your family at Inquests and also aid in any applications to the doctor’s disciplinary board, the General Medical Council.

Denise, congratulations!

Victim of clinical negligence in Salisbury? Call us now

Receiving negligent medical treatment can be traumatic. For support in claiming the compensation you deserve, contact our specialist local team today for FREE initial phone advice, a FREE first interview and No Win No Fee funding.

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Ministry of Justice Calls for Greater Awareness of Family Mediation Services

The falling numbers of divorcing couples who are seeking family mediation services had led to Lord McNally calling on members of the family lawyers group Resolution to work more closely with the Ministry of Justice [ MoJ] to increase awareness of mediation through the media and other channels.

Resolution is a national organisation of family law specialists and other professionals, all of whom have committed to work to resolve family problems in a non-confrontational way. Resolution was previously known as the Solicitors Family Law Association and has 6,500 members who follow a standard code of practice. This code sets out their positive style and non-confrontational way of approaching family breakdown, helping the couple involved to consider the needs of everyone involved, especially any children.

The sad failure of family mediation to capture the imagination of couples is probably in a worse state than had been imagined by McNally. Since changes to the Legal Aid system were put in place in April 2013, the number of couples seeking to use mediation services has been in sharp decline. In the first six months since the changes were introduced the numbers were down 51%.

In terms of absolute numbers, in the six months between April and October 2013, only 20 Legal Aid claims for help with mediation services were made. Under the previous system, Legal Aid money was enough to almost cover mediation work, but now people are only entitled to a single payment of between £150 and £350. This has in turn led to a drastic reduction in the involvement of family lawyers.

Many of the referrals to the mediation services in the past have come directly from solicitors, who were the first point of contact for divorcing couples. Now that legal aid is more limited, fewer couples are seeking legal advice for their divorce, and this is in turn leading to fewer people being referred on to mediation.

Many people involved in mediation suspect that the Ministry of Justice may have a hidden agenda to stop lawyers getting involved in sorting out divorce disputes altogether, and it seems the decreasing mediation figures support this theory. The MoJ have also recently announce that they want to make family mediation compulsory for any couple seeking to divorce. Although this may sound quite radical, current guidelines state that couples should be referred to mediation and assessment hearings before beginning court proceedings, and only the person applying for the divorce can be forced to go to the hearing.

Experts working in the field believe that forcing couples to come together with a mediator before commencing court proceedings will not make much of a difference to the numbers of couples in mediation. As the old saying goes, you can lead a horse to water but you cannot force it to drink. In order for mediation to be successful, both partners have to be committed to resolving their difficulties and willing to reach an agreement, so compelling people to attend mediation often works in a negative manner. Mediation is only successful in resolving family issues in a minority of cases; out of the 75,000 mediation referrals made between 2012 and 2013, only 12% ended with a successful negotiation.

Legal Aid is also of critical important to the whole mediation process. This is evident from the same figures, as out of the 75,000 total referrals made, 62,000 came directly from family lawyers who were obliged to refer their clients on to the mediation services.

The entire system is a confused mess, which is borne out by the statement by McNally to the members of Resolution. The MoJ faces a long battle to raise public awareness of mediation services and how they can be used in divorce situation, especially as the Legal Aid cuts begin to bite. In the meantime, both lawyers and clients are left in limbo, unsure of which direction to take

Looking for a Family Mediator in Salisbury? Contact us today

We are one of only three law firms in Salisbury with a family mediation service.

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