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Resolution Protocol For Solicitors / Mediators


Resolution’s Code of Practice sets out the conciliatory approach the organisation supports wherever possible. As one of the lead organisations for family mediation Resolution seeks to support this aim through mediation and legal practice.

As ADR has developed it is thought desirable to clarify the protocols for relationships between legal and mediation professionals. The coming changes to public funding with fixed fees provides an incentive to consider how each professional can assist the other, for the benefit of a client, to maximise the limited funds available. The purpose of this protocol is to minimise duplication of work and reduce costs.

When referring a client to mediation a Solicitor should forward to the Mediator and provide a copy of the following (where available) to the other party’s Solicitors:-

  1. The disclosure so far provided;
  2. A privileged summary of offers made;
  3. A privileged summary of areas of agreement and disagreement;
  4. Where proceedings have been issued a summary of the status of the case including details of Orders made and any timetable given;
  5. Details of other agencies already involved and reasons for their involvement.

When concluding a case where there is no mediation summary/memorandum of understanding a Mediator should (subject to the costs of doing so) where possible provide all the Solicitors with:-

  1. The disclosure so far provided. Ideally this would be a signed open financial statement;
  2. A privileged summary of offers made;
  3. A privileged summary of areas of agreement and disagreement;
  4. A privileged suggestion of any steps which might be taken to clarify/narrow the areas of dispute.

When a Mediator refers a client to his or her Solicitor for legal advice in relation to possible offers or settlement, the Mediator should forward to all the Solicitors a copy of the disclosure so far provided.

Where a Solicitor has made an appointment to see his or her client in relation to a particular point or in relation to possible offers of settlement, the Solicitor may request in writing that the Mediator provide a copy of the disclosure so far provided. On receiving the request the Mediator should forward to all the Solicitors a copy of the disclosure so far provided. Such requests for copies of the disclosure so far provided should ordinarily be limited to one request.

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