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Mediation & Settlement Conferences

Mediation

Mediation is a confidential meeting or series of meetings, where an independent, neutral third party (known as the Mediator) facilitates discussion between people in a dispute, and assists those people to negotiate and reach agreement of their issues.

The Mediator acts as a catalyst for the process, utilising his or her technical skills and experience to help people reach agreement by identifying issues, exploring possible bases for agreement, and weighing the consequences of not settling.

Unlike Arbitration, the Mediator cannot impose his or her own decision upon the participants to the mediation.

Agreements reached in mediation are not legally binding until the agreement is then recorded in either a Consent Order, Financial Agreement or other binding legal document.

In many cases, the efforts of Watts McCray’s highly trained, experienced mediators have resulted in settlements in just one day, and mediation continues to prove itself as a very successful ADR process.

Settlement Conferences

A Settlement Conference is a meeting which can involve the parties to a dispute, their legal representative, and any other appropriately qualified expert who can assist in the resolution of a matter. For example, family accountants or tax planners.

Any matter of concern or relevance to the issues in dispute can be discussed at a Settlement Conference, and we find it is often the case that a bringing together of family members, and their lawyers for frank and confidential discussions “around the table”, can often lead to agreements being reached resolving some of the most complex parenting and financial issues arising upon relationship breakdown.

Settlement Conferences can be convened by agreement at any time where there are matters to discuss, and can be quick and less expensive option to resolve issues.

Once agreements are reached at a Settlement Conference, appropriate legal documentation can be prepared formalising the settlement achieved.

All of our family lawyers at Watts McCray have sound experience and skill in the art of negotiation, and can be most effective when negotiating in Settlement Conferences on behalf of Clients.