The following Family practice note Produced in partnership with Suzanne Kingston of Mills & Reeve provides comprehensive and up to date legal information covering:
Mediation is a process by which an independent qualified mediator works with a couple to help them come to a mutual agreement. Some practical points to consider at the outset are:
lawyer or non-lawyer?—it is helpful to discuss with the client when approaching a mediation whether they would prefer to appoint a lawyer or non-lawyer mediator and what the rationale for the decision is—some clients take the view that they would prefer children disputes, such as issues of residence and contact, to be mediated by a non-lawyer (often a therapist or social worker) and financial matters by a lawyer, however this is a case-by-case decision and should be considered carefully
the nature of the dispute—consideration must be given at an early stage as to the appropriate mediator to instruct and the issues to be mediated eg children matters, finances or both will influence that decision
sole mediation or co-mediation—historically mediators often worked in pairs and felt that having two mediators in a room with a couple balanced the approach to mediation and provided a better forum for the clients, however, more and more mediators are now undertaking sole mediation—in a mediation dealing with both children matters and financial issues, the co-mediation model may involve a lawyer and non-lawyer working together
consideration should be given as to the relevant fee structure of the
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What is a res judicata?A res judicata is a decision given by a judge or tribunal with jurisdiction over the cause of action and the parties, which disposes, with finality, of a matter decided so that it cannot be re-litigated by those bound by the judgment, except on appeal.Final judgments by
BREXIT: As of exit day (31 January 2020), the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has entered an implementation period, during which it continues to be subject to EU law. This has an impact on this Practice Note. For further guidance on
ContractWhere a contract is made by two or more parties it may contain a promise or obligation made by two or more of those parties. Any such promise may be:•joint•several, or•joint and severalWhether an undertaking is joint, several, or joint and several in contract is a question of construction
Codicils may be used for making any alteration in a Will such as to alter the executors or make changes in legacies, whether by addition or deletion but that is by no means their only use. As a general rule, substantial changes are best achieved by means of a new Will and codicils are more
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