Mediation meaning

Procedural Guide: Applications for Child Arrangements Orders under section 8 Children Act 1989 This Procedural Guide outlines the procedural steps for applying under section 8 of the Children Act 1989 (ChA 1989) for a child arrangements order (CAO). It covers eligibility to apply, pre-action obligations including attendance at a mediation information and assessment meeting (MIAM), the court’s guiding principles, and provisions for non-court dispute resolution (NCDR). It also addresses service requirements and the criteria for without notice (ex parte) applications. Allocation, gatekeeping and safeguarding processes are explained, together with what may occur at the first hearing dispute resolution appointment (FHDRA) and the dispute resolution appointment (DRA), as well as the approach to fact-finding hearings, vulnerable witnesses and the final hearing. A CAO is one of the orders available to the court under ChA 1989, s 8. It is an order concerning: with whom a child is to live, spend time or otherwise have contact, and when a child is to live, spend time or...

This flowchart outlines the steps an employer should take once a performance or capability concern is identified, including collecting key documents such as the contract of employment and appraisal records, considering mediation, appointing who will carry out performance monitoring, arranging informal and then formal meetings, deciding on dismissal or another sanction, and overseeing the appeal stage. Click below to view or print the full-size PDF version: Note 1—identifying whether there is a performance issue If an employee’s output falls short of the required standard, the employer may choose to address it under its performance procedure. For an example procedure, see Precedent: Policy and procedure—performance and capability. A clear distinction should be drawn between misconduct and underperformance. Where conduct is the concern, a disciplinary process is the correct route—see Practice Note: Managing performance—Dealing with poor performance. Before commencing any formal action, review the terms of the employer’s performance procedure and check, for example, whether specific time periods are required between each stage...

Checklist on remotely accessed mediations This Checklist outlines the principal points to weigh when deciding if, and in what manner, to take part in a remotely accessed mediation by video conference (VC). With the emergence of the coronavirus (COVID-19) pandemic, use of such mediations expanded, ie, mediations conducted online via VC became noticeably more common. VC mediations—often called ‘online mediation’, ‘remote mediation’ or ‘remotely accessed mediation’—are not the sole option for non face-to-face engagement; mediation can also proceed by telephone. Even so, the simplicity and enhanced user features of the many VC platforms have proved well suited to the process for remote access mediation in practice. For guidance on the parties’ duties to consider alternative dispute resolution (ADR), and the courts’ authority to order or promote consideration of ADR, both before and during litigation, see Practice Notes: Court powers to order or encourage ADR in civil proceedings and Court powers to order or encourage ADR in civil proceedings—key and illustrative decisions...

Stage 1—preparing to bring a claim and pre-action matters Guidance on UK trade mark infringement, offences, passing off, interim injunctions, running IP disputes, privilege, dispute resolution (mediation and arbitration), and the Disclosure Scheme; plus checklists and forms (injunction, application, hearing) Stage 2—Letter before action alleging infringement Notes on infringement, passing off, unjustified threats and drafting; includes a trade mark letter of claim precedent Stage 3—commencing proceedings Procedure, defences and exceptions, IPEC flowchart, pleadings and initial disclosure precedents, and CPR/Part 36 forms Stage 4—case management Procedure and Disclosure Scheme notes, court guides (Chancery, Patents Court, IPEC and Small Claims), and case management questionnaires, Disclosure Review Document, Certificate of Compliance, budgets and directions Stage 5—disclosure and evidence Surveys and witness evidence (PD 57AC), privilege, disclosure (including electronic) and flexible trials; witness statement and Extended Disclosure precedents; affidavits, applications and certificates Stage 6—trial...

In this issue: Key DR developments Claims and remedies Costs and funding Cross-border disputes Injunctions Civil appeals New content Dates for your diary Useful information Daily and weekly news alerts Key DR developments CPR updates 174th Practice Direction update effective 5 November 2024: The Master of the Rolls and the Parliamentary Under-Secretary of State for Justice have authorised the 174th Practice Direction (PD) update to the Civil Procedure Rules (CPR). The changes take effect at 11am on 5 November 2024. This PD update amends CPR PD 51ZE (Small Claims Track Automatic Referral to Mediation Pilot Scheme) and CPR PD 51R (Online Civil Money Claims (OCMC) Pilot Scheme), expanding the obligation to engage in integrated mediation in civil matters to money claims submitted via the OCMC service. For more information, see: LNB News 22/10/2024 127—174th Practice Direction update—in force 5 November 2024. Court guidance Damages Claims Pilot under CPR PD 51ZB—updated guidance:...

In this issue: Key DR developments Claims and remedies Costs and funding Litigation Case management Evidence and disclosure ADR Scottish Dispute Resolution New content Dates for your diary Useful information Daily and weekly news alerts Dispute Resolution Highlights 2025/2026 Key DR developments Alternative dispute resolution European Parliament adopts new rules to modernise out-of-court dispute resolution for consumers The European Parliament has approved refreshed measures to enhance consumer out-of-court complaint handling, updating the EU’s ADR framework for the digital landscape and cross-border disputes. The reforms delineate ADR’s reach to cover matters arising both before and after contractual agreements, and in specified circumstances enable involvement by traders from third countries. The directive will come into force 20 days following publication and will begin to apply 32 months thereafter. For more, see: Parliament adopts new rules to modernise out-of-court dispute resolution for consumers—LNB News 16/12/2025 Court information HMCTS update hearing...

In this issue: Forfeiture Contractual issues Repairing obligations and dilapidations Service charges Key developments and horizon scanning Property disputes in Scotland LexTalk®Property Disputes: a Lexis®Nexis community Additional Property disputes updates Daily and weekly news alerts New and updated content Trackers Latest Q&As Forfeiture Valuing a claim for wrongful forfeiture (Tanfield (as executor of the Estate of Paul Watkins) v Meadowbrook Montessori Ltd) In Tanfield (as executor of the Estate of Paul Watkins) v Meadowbrook Montessori Ltd [2024] EWHC 1759 (Ch), [2024] All ER (D) 77 (Jul), the court threw out a landlord’s winding-up petition for £167,593.41 presented against a company established to operate a school. It held there was a firmly arguable position that the majority of the petitioned sum was not rent arrears, but consideration payable for shares in the company. The judge further acknowledged a cross-claim with a genuine prospect of success, quantified at no less than £546,000 in...

For many years, virtually every disagreement about agricultural tenancies was sent to arbitration at the outset. The rationale was that questions concerning agricultural holdings often have a strong practical dimension, so arbitration was thought a more suitable forum than the courts. This reflected the earlier assumption that practical considerations predominated in such cases, making a court reference less apt back then. Over time, however, matters of considerable legal intricacy also came before arbitrators. With the enactment of the Agricultural Holdings (Scotland) Act 2003 (AH(S)A 2003), policy shifted, and the main route for resolving disputes about agricultural tenant issues is now referral to the Scottish Land Court. At the same time, arbitration procedures were streamlined, and alternative processes, eg mediation, were enabled. Although the Agricultural Holdings (Scotland) Act 1991 (AH(S)A 1991) still sets out distinct mechanisms for dispute resolution, AH(S)A 2003 has substantially reshaped them, so that the arrangements for resolving disputes under 1991 Act Tenancies are, in large part, aligned with those for 2003 Act Tenancies...

Practice Note This Practice Note outlines how mediation operates in IP disputes, highlighting core practical points and the documents commonly employed. an overview of mediation which disputes are suitable for mediation the appropriate timing for mediation selecting a mediator what a mediation agreement should contain key documentation preparing and planning for mediation how the session is run settlement and costs It also considers the mediation service provided by the UK Intellectual Property Office (IPO). Mediation is a voluntary, confidential process through which two or more parties seek to reach a negotiated resolution of a dispute. The parties undertake it with the assistance of an impartial third party (the mediator) who facilitates progress towards agreement. There is nothing distinctive about mediating an IP dispute when compared with other disputes. The way any mediation is conducted turns on the character of the dispute and the parties’ aims; accordingly, the issues in play will steer the considerations set...

Practice Note This Practice Note outlines widely used terminology and definitions, and what they signify within the non-court routes to resolving disputes, namely family mediation, collaborative law, and family arbitration. It also provides a summary of the pertinent rules and required forms, together with pointers to related resources. Mediation Term Description Agreement to mediate A document executed by the parties to the mediation and the mediator(s) which defines the scope and framework of the mediation. See Precedent: Agreement to mediate BFLS 6E [21004]. Co-mediation Mediation conducted by two mediators—commonly, one co-mediator will be a lawyer and the other is not legally qualified. Form FM5 (statement of position on non-court dispute resolution) A form that must be completed setting out the parties’ positions on engaging with non-court dispute resolution. This form must be filed and served seven days before the first ‘on notice’ hearing and, if the court so directs, before any later hearing in the proceedings. ...

This note offers general guidance about financial disclosure. Your family lawyer will be able to give specific advice tailored to your circumstances. What is financial disclosure? Financial disclosure means providing your spouse or partner, and the court, with complete information about your personal financial position together with your anticipated needs and resources. It is ordinarily the first step your family lawyer will ask you to take, because they cannot advise you properly on the likely outcome of your matter without a clear understanding of where both you and your spouse/partner stand financially. In financial cases, transparency is crucial whatever route you choose to reach an agreement, whether inside or outside the court system. If you commence court proceedings, the court will require both you and your spouse/partner to complete a detailed financial statement (a form known as Form E) before the first hearing. In out-of-court options such as mediation, collaborative law or arbitration, you will usually be asked to use a similar form or document. Why is...

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This overview sets out general information and guidance on unfair dismissal claims, the deadlines for issuing a claim, who may qualify to bring one, the statutory tests for fairness where an employer intends to end an employee’s employment, and the remedies available if a claim succeeds. Your employment solicitor can offer tailored advice based on your situation and circumstances if required. What is an unfair dismissal? Under the Employment Rights Act 1996 (ERA 1996), an employee has the right not to be unfairly dismissed by their employer. A dismissal is unfair if it fails to meet the requirements of the ERA 1996...

Rule 5.1.7 of the Financial Conduct Authority’s (FCA) Client Assets Sourcebook (CASS) (CASS 5.1.7) confirms that the provisions within CASS 5.1 to CASS 5.6 also give effect, as required, to article 4.4 of the (EU) Insurance Mediation Directive (Directive 2002/92/EC), requiring that all necessary measures be taken to protect clients against the inability of an insurance intermediary to transfer premiums to an insurance undertaking, or to transfer the proceeds of a claim or a premium refund to the insured...