Link to Guernsey Family Mediation Association website

MEDIATION

At F Haskins & Co we are committed to resolving disputes in the most cost effective way to clients.  Felicity Haskins has trained in and offers both commercial and family mediation services.

Commercial Mediation

Commercial mediation is suitable for most kinds of disputes including commercial disputes, employer/employee relationships, personal injury, professional negligence, multi-party disputes, landlord and tenant, neighbour disputes, small claims, supplier-client relationships and construction disputes.

The mediator is specially trained to assist parties in settling disputes. The mediator is neutral and helps the parties to arrive at a mutually agreeable solution.

Each party’s lawyers are generally present at a commercial mediation and the agreement is arrived at by both parties and their respective solicitors. The proceedings are confidential.

The mediation process gives both parties the opportunity to explain their position to the other party in a joint session. During subsequent private sessions with the mediator each party has the opportunity to explore proposals for settlement.

The process allows parties to create their own solutions – often a solution that could not have been granted by a court, such as the renegotiation of an agreement, the reorganisation of a company or complicated structured payments.

All mediators are accredited with ADR and are qualified solicitors or barristers and members of ADR.

Family Mediation

The aim is to help the two parties to find the solution they believe is fair and meets both parties needs.

Mediation is a voluntary process. The mediator is impartial. The proceedings are confidential (subject to certain exceptions).

The decision making rests with the parties – the mediator has no power to impose a settlement.

A mediator offers information, not advice.

The parties are encouraged to seek legal advice on the proposed terms of the settlement and indeed the lawyer will be required to draw up the terms of the settlement.

The more informal procedure of mediation can help to reduce tension, anger and misunderstanding and improve communication. Couples are helped to look towards the future rather than the past. This is of paramount importance where there are children, as parents are helped to consider their children’s needs and feelings as well as their own.

The benefits of mediation depend much on the motivation of the parties to reach a settlement, but the process can greatly reduce stress, lessen animosity and bitterness, reduce legal costs and avoid unnecessary court proceedings.

Revised 2 March 2006.