Alternative Dispute Resolution (ADR) refers to a range of processes that allow parties to resolve disputes without resorting to traditional litigation in the court system.
For residents of Weymouth and wider Dorset, embracing ADR particularly mediation offers significant advantages in terms of cost, speed, privacy, and control over the outcome for both family and civil matters.
ADR methods use a neutral third party to help the conflicting parties negotiate a resolution. The main forms of ADR include:
Mediation: A facilitated negotiation process where an impartial third party (the mediator) helps parties communicate and reach a voluntary, mutually acceptable agreement. The mediator does not impose a decision.
Arbitration: A more formal process where the parties agree to appoint an impartial expert (the arbitrator) who listens to the evidence from both sides and makes a legally binding decision (called an ‘award’).
Conciliation: Similar to mediation, but the conciliator may offer opinions on the merits of the case or suggest a specific resolution. It is commonly used in employment disputes.
Negotiation: The simplest form, where parties (or their solicitors) discuss the dispute directly without a third-party intermediary.
Mediation is the most common form of ADR and is strongly encouraged, especially in family law. The Weymouth Family Court requires most applicants to attend a Mediation Information and Assessment Meeting (MIAM) before issuing an application, underscoring its importance.
HOW MEDIATION WORKS
1. MIAM: An initial individual meeting with an accredited mediator to assess suitability for mediation.
2. Joint Sessions: The mediator manages discussions between the parties, focusing on practical solutions rather than blame. This can cover child arrangements (parenting plans) and financial settlements (divorce, property division).
3. Agreement: If a resolution is reached, the mediator drafts a summary document (e.g., a Memorandum of Understanding), which can then be converted into a legally binding consent order by solicitors and the court.
Families in the Weymouth area may be able to access free or subsidized mediation:
If you qualify based on income and capital, your entire family mediation process will be free. If you qualify, the MIAM and the first joint mediation session are also free for your ex-partner.
A government scheme provides up to £500 towards the costs of joint mediation sessions specifically for disputes concerning child arrangement
CONTROL – You make the decisions, not a judge. The outcome is tailored to your family’s needs in Weymouth.
COST – Significantly cheaper than contested court proceedings, often resulting in 90% cost savings.
SPEED – Cases can be resolved in weeks or months, compared to court timelines of a year or more.
PRIVACY – Mediation is a private process and what is discussed is not public record like the court process.
RELATIONSHIPS – Mediation is collaborative, helping to preserve the co-parenting relationship, which is vital for the long-term well-being of the children.
If mediation or another form of ADR fails to fully resolve the issue, the parties retain the right to apply to the appropriate court (e.g., the Weymouth County Court or Family Court).
However, by participating in mediation, you demonstrate to the court that you have made a serious effort to settle the dispute, which aligns with the court’s expectation that litigation should be a last resort. An unreasonable refusal to engage in ADR can sometimes lead to costs penalties, even if a party wins their case.
We offer mediation hubs around the Solent Region.
Offering Civil and Family Mediation, Legal Aid Mediation.
Strictly by Appointment Only.
Location is not staffed.
Mediation and urgent MIAM appointments can be arranged online
Our Weymouth Hub – Find us at;
Chelmsford St, Weymouth DT4 7HP
Call our team to book your mediation on 0238 161 1051