Leading Leicester law firm, Dodds Solicitors share with us everything you need to know about Business Mediation.

WHAT IS BUSINESS MEDIATION?

Business Mediation is an affordable and efficient means of problem-solving between two disputing parties. Cooperation, rather than conflict, is the sole focus of the process and to aid with this, parties meet in a neutral setting with an impartial mediator present.

From there, the mediator will help to consider the issues and options with the parties to reach an agreement. After the dispute is settled, both parties can sign documents agreeing to the outcome.

WHEN WOULD YOU USE BUSINESS MEDIATION?

Do you have an issue with another company that you work with?

Do you have an employee that you need assistance to deal with and come to a mutual agreement?

 Are you a divorcing couple that share a business?

Examples of successfully mediated disagreements include:

• Contract disputes
• Financial disputes
• Insurance disputes
• Intellectual property (IP) disputes
• Tax disputes

WHAT CAN YOU EXPECT AT MEDIATION?

If two businesses wish to mediate, they must agree to appoint an independent mediator. The mediator will not take a view as to the merits of the parties position but will remain independent and try to guide the parties involved to an agreed solution that works for all the parties involved.

Mediation can either take place face to face (subject to government restrictions) or by way of an online meeting. The mediator will meet with each party in turn and may have a meeting with both parties together if everyone agrees.

From there you can expect business mediation to follow this structure:

• Introduction: the mediator will explain the rules and the mediation process to each party.
• Statements by parties: a representative from each party is allowed the opportunity to describe the dispute.
• Identification of the dispute: the mediator will ask questions in turn to better understand the situation.
• Private meetings: the mediator invites each party to a private meeting to better understand their perspective of the dispute and to assess possible solutions.
• Negotiation: the mediator will assist the parties to reach an agreed solution.
• Written agreements: When the parties reach a resolution the parties then draw up a written document to reflect the agreement which has been reached.

WHY USE BUSINESS MEDIATION?

With the aid of an impartial mediator from Dodds Solicitors, we can work together to come to a solution for both parties. One of the big benefits of mediation is that that it can resolve disputes much more quickly than court proceedings and it means that as the parties have both worked together to produce a solution it may be possible for them to do business together in the future which would be an unlikely outcome after going through expensive and costly court proceedings.

Mediation could provide a workable solution for example where a building contract has been partially completed and agreement needs to be reached regarding how the project can be completed and what payment could be made or between two employees who struggle to work together due to clashing personalities or where one party wants to buy out another party who is leaving a business partnership.

WHAT OUTCOMES CAN YOU EXPECT FROM MEDIATION?

No matter what the problem, whether it is a contractual or financial dispute, business mediation aims to resolve the issue to the satisfaction of each party. The mediation process usually takes place over a single day and in most cases leads to an agreement being reached between the parties.

This is a binding agreement and can be upheld in court.

For all your Business Mediation needs please contact Ashwin Topiwala who is an accredited Civil and Commercial mediator with the ADR group on 0116 2628596 or by email at ashwin.topiwala@dodds-solicitors.co.uk

Dluxe

There are many reasons why mediation is better than going to court. In this article, discover why you should consider mediation before progressing your disputes to the courtroom.

Cost-effective

Mediation is less expensive than going to court. The cost of hiring a mediator is significantly less than what you’d pay in court and lawyer fees, plus it will usually be split between you and your spouse. Saving money through mediation can prevent either party from suffering financially and put you both in a position to start new chapters in your own lives.

Quick to resolve

Mediation typically takes a few weeks to reach a resolution. This is far quicker than typical court proceedings, which can sometimes take years to resolve. The difficulty with court cases is that the proceedings require a number of Court hearings to take place. Due to the volume of cases in Court, hearings can take months to be listed.

Voluntary

The judgement of a court is taken out of your hands. In mediation, the mediator doesn’t have the authority to force a decision. Instead, the resolution will be dependent on you and your spouse reaching an agreement. This means that no decision can be made without your approval and ultimately you have control of the outcome.

Promotes amicability

Courts pit spouses against one another, whereas mediation relies on cooperation and good faith in order to reach a mutual agreement. Cooperative mediation typically results in an amicable separation, which is in the best interest of all parties — especially any children that may be involved.

Confidential

Going through a separation is an extremely personal affair that you may not wish to make public. Unlike court appearances, mediation is closed off and can be kept entirely private between you, your spouse and the mediator. Whatever is said in the meeting will be kept confidential and can’t influence court proceedings later down the line if an agreement can’t be met.

Dodds Solicitors Mediation Centre in Leicester offers mediation for a range of disagreements, including family mediation and business mediation. Whether you’re looking for a quick, confidential mediation in hopes of reaching an amicable settlement, or you need full legal representation for a dispute in court, we can help.

With over 30 years’ experience as trained solicitors, you can be confident that we’ll provide trusted, professional services that will guide you towards a favourable outcome and help you start the next chapter of your life.

To contact us call 0116 201 8566 or email us at enquiries@dodds-solicitors.co.uk

Tensions are high, emotions are heightened, 2020 has been an unprecedented and high-pressured year and in turn has put strain on many aspects of our lives. Conflict and dispute may have arisen as a result. But did you know you can take the strain out of a stressful situation and find resolutions professionally with mediation services – essentially using a Mediator as the middle ‘person’ – whether it’s family, business or employer/employee mediation.

For those who may not be aware, what is mediation?

Assisting parties who are in dispute to reach a solution to their dispute.

Is it the same as counselling?

No counselling involves talking things through with a professional and could be for one or both parties to a dispute but mediation always involves both parties.

We all have disagreements, it’s human nature, but when do we need to escalate the situation with mediation?

When you have reached an impasse and can’t progress matters any further.

What issues and disputes can be discussed and mediated?

• Family
• Business
• Employment
• Disputes over property
• Disputes over Wills and Probate

What is the role of a mediator? What benefit do they have? How involved do they get? Are they qualified as a mediator?

A mediator will be impartial and none judgemental. They will guide the parties towards a solution that works for them. The benefit of instructing a mediator is that they do not impose a solution upon the parties in the same way that a judge making a judgment at the end of a court hearing would. Our mediators are accredited with the Family Mediation Council and with ADR group.

How do you choose the right mediator for you?

People have to feel comfortable with their chosen mediator and confident that they can bring a solution to matters. I would suggest looking at a mediators online profile and CV and looking to see if they have a video on their website so you can see and hear them before meeting them.

What are the advantages of mediation?

You can reach a workable solution to a problem without having something imposed upon you. An agreement reached in mediation might include items, which would not typically be covered in court proceedings for example an agreement as to who keeps the family pet or prized photograph album. Also the agreement reached remains confidential which is not always possible with court proceedings. It also saves delay and costs of the dispute in Court Litigation.

What typically are the most common disputes you offer advice with or the most surprising, that we might not know we can resolve through mediation?

Most common disputes are family related but we can offer services in respect of all types of civil and commercial matters.

If someone wants to involve mediation but the other party is hesitant or resistant to, how can you persuade them? Do both parties have to be involved? Do they have to meet each other or be in the same room?

Both parties do have to be involved but they do not have to meet face to face if they do not want to. A number of mediations are dealt with on a “shuttle” basis where each party remains in their own room (nowadays either real or virtual)and the mediator moves between the two rooms helping each party to understand the other party’s position.

Has covid changed the way you practice mediation?

Yes, online mediation has become more common.

What does the typical process involve?

Civil and commercial usually takes one day for divorce and children mediations there is usually a series of meetings.

How quickly can we be appointed a mediator and how long can you expect the process to take?

From an initial decision to approach a mediator to booking an appointment can be within a few days. The process can take 1 day for civil and commercial mediations usually and two to three weeks on average for family disputes

Do both sides appoint a mediator, or can you lead or self-represent?

Both parties have to agree on a choice of mediator.

What are the chances of a successful resolution? What happens if it is unsuccessful? Do you have to reach a settlement?

The proportion of cases settled by mediation is high and often if matters cannot be resolved on the day of the mediation sometimes they settle shortly afterwards.

Is the process legally binding, are you bound to any terms discussed?

An agreement is usually drawn up by the parties or their legal representatives in a civil or commercial agreement and signed on the day after reaching agreement. In a Family mediation the mediator will prepare a memorandum of understanding which is then usually incorporated into an Order thereafter if required.

Is it an affordable option? How much does it cost?

The level of costs depends on the amount dispute for civil and commercial matters the starting price is £500.00 plus VAT per party per day and for divorce and children matters £150 plus VAT per person.

At Dodds, you have “the mediation centre”, what can readers expect from this service, why should you be our first port of call? Is it unique in any way?

The Mediation Centre has experienced and qualified Mediators providing a full range of mediation services. It is unique in that it houses both Family and Civil and Commercial mediators under one roof. They are reasonable in price and have the ability to mediate to suit around you, your business and your family.

Now that we know more, how can we get in touch with the mediation team at Dodds Solicitors?

Please contact Ashwin Topiwala at ashwin.topiwala@dodds-solicitors.co.uk or Sarah Spence at sarah.spence@dodds-solicitors.co.uk or by telephone 0116 201 8566.

This was originally posted on the Dluxe Magazine website.

One of my favourite Rumi quotes is:

“Out beyond ideas of right and wrong there is a field and I will meet you there”.

This quote perfectly sums up the idea behind going to mediation! If someone has a dispute with another person, their first reaction might be to issue court proceedings and let a court decide how to resolve matters. However if that person went to mediation rather than going down the route of court proceedings, he or she would be trying to focus on how they could reach a solution to move matters forward with the help of a mediator, rather than focusing on what has happened previously.

For an appointment or more information about mediation and how Dodds Solicitors can help you please call us on 0116 201 8566 or email ashwin.topiwala@dodds-solicitors.co.uk or sarah.spence@dodds-solicitors.co.uk.

Mediation has become an increasingly popular way of resolving disputes in recent years and it enables the parties in a dispute to agree a resolution with the help of a mediator rather than going through long drawn up and expensive court proceedings.

Whilst the civil courts have not completely closed, they are only able to deal with urgent matters and a number of cases will be delayed. It makes sense therefore to consider mediation and whether it would be better to resolve matters now rather than wait until the pandemic is over, because let’s face it we have no reassurances when this will be.

At Dodds Solicitors our Civil and Commercial Mediators, Ashwin Topiwala and Sarah Spence, are still available to help you resolve your disputes using video conferencing facilities and help you stay in control of your situation.

For more information please contact us by email at ashwin.topiwala@dodds-solicitors.co.uk or sarah.spence@dodds-solicitors.co.uk on 0116 201 8566 ‘Option 6’ for dispute resolution.

Mediation is a conversation worth having.

John Taylor, chair of the Family Mediation Council said ‘it is not surprising that so many people who attend a first meeting with a mediator chose to go on to mediate. The meeting (sometimes called a Mediation Information and Assessment meeting, or MIAM) provides people with an opportunity to find out what family mediation is, how it might work for them and the practicalities and costs involved, as well as the alternatives if they choose not to mediate. Once people realise that family mediation is less expensive than being represented in court proceedings, as well as being less stressful and quicker than the court process, most realise it is a conversation worth having.’

Our Family Mediator Ashwin Topiwala agrees, saying ‘Mediation is hugely successful and less costly than going to Court. It allows you to take control of your own decision making, rather than a Judge or Tribunal hearing making those decisions for you.’

To find out more about how family mediation can help you and your family, contact Ashwin Topiwala on 0116 262 8596 or email Ashwin.topiwala@dodds-solicitors.co.uk 

Mediation

For most parents, the first step in arranging child care over Christmas is to try and organise it between themselves. This is not always possible, though, due to the nature of some relationships between separated parents or difficulties in contacting one another. If you find it difficult to enter into conversation with your ex-partner, mediation may be a successful alternative.

When using a mediator, discussions between parents will be channelled between a neutral third party. Each person will be able to discuss their needs with a mediator separately, before joining with the other party in a room where a conversation can take place in a more productive manner. In the initial, separate discussions, each party will disclose what they are hoping to gain from the session – this will help the mediator determine whether or not mediation is right for them.

The ideal outcome from mediation is calm, constructive and productive talks that end with a clear child arrangement being agreed on by both parties.

Children Act Orders

If mediation fails, and you cannot come to an agreement with your spouse, then another step is to go to the Courts. When a parent makes an application to the Court for care of children over Christmas, the Court will base their decision around the welfare checklist in the Children Act 1989. You can find the welfare checklist here.

Ultimately, the decision is made according to what the Court thinks is best for the children in question. It is important that any application to the Court is made ahead of time – the Courts will not always prioritise Christmas arrangements, disputes, and as such you may face a nervous wait if you do not apply in good time. It is rare that a parent is awarded care of their children for every Christmas – alternating years are a common resolution.

Alternate Days

Alternating care over the Christmas period can be a suitable method for separated parents. For example, the children may stay over at one parent’s house on Christmas Eve so they can wake up and open presents, see family and enjoy dinner on Christmas Day, before the other parent picks them up and the festivities continue on Boxing Day.

Alternate Years

As opposed to alternating care over the Christmas period, another option is for parents to have care of their children every other Christmas. This is preferable for parents who are amenable to spending Christmas apart from their children – it allows the children to experience the full festive period in one place each year.

Child arrangements can be a delicate situation, and it can be difficult to come to an agreement when it comes to seeing your children. At Dodds Solicitors, we are experienced in a wide range of family services, including children’s arrangements. Our service is both effective and empathetic, tailored to meet the needs of each of our clients. For more information, please get in touch with us today on 0116 262 8596.

If you need our mediation services, please give us a call on 0116 262 8596.

What is mediation?

A mediator will not impose their own solution upon the parties but will help them to reach a solution between themselves. The mediator may meet with both parties at the start of the mediation or the mediation may be on a shuttle basis, where the parties remain in separate rooms and do not meet each other throughout the negotiations.

The benefit of mediation is that the parties remain in charge of the process and find their own solution rather than having a solution imposed upon them by a Judge.

What is Commercial Mediation?

Commercial mediation is becoming increasingly popular for settling disputes between businesses or employment disputes as parties can become very fixed in their position during court proceedings.

Mediation allows the parties involved to settle matters on a basis where they can work with each other in the future, which may be more difficult if they have faced each other across a court room.

What is Civil Mediation?

Mediation is increasingly being used to settle property disputes between cohabiting couples and also disputes involving the estates of people who have died. In both those situations emotions can run high and the legal costs of pursuing the matters through the court can be very expensive.

When the parties attend mediation the issues will be dealt with on a single day, and the intention is that a binding agreement will be drawn up at the conclusion of the negotiations.

At Dodds Solicitors we have two mediators; Ashwin Topiwala has been qualified as a civil and commercial mediator since 2017 and his colleague Sarah Spence qualified as a mediator earlier this year.

Dodds Solicitors also have facilities for you to take part in a mediation at our premises or alternatively, we can travel to other premises if you prefer.

For more information please contact either;

Ashwin – (left) ashwin.topiwala@dodds-solicitors.co.uk

Sarah – (right) sarah.spence@dodds-solicitors.co.uk

You can always speak to one of our friendly team by calling our office on 0116 262 8596.

Ashwin and Sarah can both offer all types of civil and commercial mediation. Mediation can be of great help to your clients if they are unable to resolve disputes and could be looking at expensive court proceedings.

Mediation can help to find their own solution rather than having a solution imposed upon them by the court. It also has the benefit of being a shorter and more cost effective process than a long drawn out court battle.

Please see the link to our mediation pages and video explaining in more detail the benefits of mediation https://dodds-solicitors.co.uk/the-mediation-centre/

Please do not hesitate to call Ashwin or Sarah on 0116 262 8566.

Or send an email to ashwin.topiwala@dodds-solicitors.co.uk / sarah.spence@dodds-solicitors.co.uk for more information.

Those separating in their 30s, 40s and 50s have the benefit of time to go out and earn an income to provide for their future without the other. Children are often a relevant consideration for those in this demographic but generally there is more money to be earnt following separation to provide for their needs.

This is not necessarily the case for those in their 60s, 70s and older. These individuals are looking towards retirement and the income stream may not be as fluid as it once was. Employment prospects reduce and health can play an important role too. There is however likely to be more available capital (perhaps equity in the family home) and hopefully with good financial planning in the earlier years, a fair pension pot.

When separating, consideration always has to be given to whether it is appropriate for a divorce to follow. Those in their 30s and 40s will almost certainly want this but the same cannot be said for those in later life. If a couple decide to separate in later life they can still divide their assets without divorcing and although the fact that they are still married would prevent a future marriage this is not necessarily something that they will be considering. In addition, there could be financial benefits and tax benefits to remaining married but living separately.

Where a couple remains married and they give all of their assets to each other on death, they can benefit from the transferable Nil Rate Band, which will reduce the amount of Inheritance Tax payable. The Nil Rate Band is the value of your assets on your death which is not taxable. Anything over and above the Nil Rate Bank is taxed, usually at 40%. Depending upon the circumstances the married couple, they could be entitled to a Nil Rate Band of up to £850,000 for 2017/2016 on the death of them both. It is very important that advice should be taken from a Solicitor specialising in Wills given the complexity of this area of the law.

If you are concerned about giving all of your assets to your spouse you are separated from but wish to benefit from the transferable Nil Rate Band, you may wish to consider the use of a Trust whereby you give a right to the income of the capital value of your assets and on the death or re-marriage of your spouse (after your death), the capital value of the assets pass to your named beneficiaries. Again, it is important you take advice from a Solicitor specialising in Wills as you will require tailor made advice.

One possible drawback of not divorcing on separation is that once the assets have been divided (advisably done under the terms of separation agreement), there would be no clean break. A clean break does not automatically follow a divorce and specialist legal advice should be taken on securing a clean break and preventing future financial claims against current assets and one’s estate on death during the divorce process however there is no option to secure a clean break without a final decree of divorce (Decree Absolute). The importance of the clean break is to stop the ex-spouse making a claim against the other spouse’s death.

Separating couples also have to consider what happens to their estate on death. If they are separated but remain married and do not have a will then all of their assets would still pass to the surviving spouse on death. Having a Will drawn up may prevent this regardless of whether married or not. However, it is still possible, where you remain married, that your surviving spouse could make a claim against your property and money on death and may be successful in being awarded part of your assets. You should consult a Solicitor specialised in Wills to obtain advice in how best to draw up your Will in order to make it as difficult as possible for your surviving spouse to obtain any monies from your estate on your death.

It is important to give careful consideration to the options available on separation as a divorce is not the only one. If you would like further advice as the options available on separation at any time in life please feel free to contact Jennifer McNeil who is an accredited Resolution family law specialist on 0116 201 8566.
If you would like further advice in regards to Inheritance Tax, Trusts and making a Will, please feel free to contact Samantha Downs on 0116 2628596 or samantha.downs@dodds-solicitors.co.uk