ADR at 1kbw

1kbw Barristers

At 1kbw we pride ourselves on offering a complete service. Not all clients wish to litigate, and not all cases are best resolved through litigation, which can be an extremely costly and lengthy process. 1kbw has offered a dedicated mediation service since 1998. We are now also able to offer fully trained collaborative counsel and counsel to “sit” on Early Neutral Evaluation “hearings”, often referred to as “private FDR’s”.  

At 1kbw we believe that a mediated outcome

• is a less expensive, and more easily accessible, route to dispute resolution than litigation
• is generally of far greater value than a solution imposed by a judge following a contested hearing
• is much more likely to endure
• has the advantage that children can be told that their parents have decided what is to happen

With the implementation of the Contact and Adoption Act 2006 parents will actually be required to investigate what mediation can offer.  

It is never too late to mediate, if the will to do so is there. It is a voluntary, confidential process whereby the parents meet with a mediator, or mediators, to set their own agenda and to explore solutions to their problems. The lawyers do not attend. Legal proceedings, if they have been started, will be put “on hold” for the duration. Mediation provides a forum for an honest and open exchange of views in which, with some guidance from the mediator, parties can begin to formulate joint proposals. Not every dispute can be resolved in one session and it is not uncommon for parties to return on two or more occasions. A session will rarely last longer than 2 hours.

If joint proposals can be reached, the mediator will prepare a “Mediation Summary” document and advise the parties on the wisdom of obtaining legal advice on their proposals if lawyers have not already been instructed. Once an agreement has been reached, it can easily be transformed into an order of the Court.  

A mediator can help them produce a comprehensive “Parenting Plan” for the children, covering detailed issues such as future education, extra-curricular activities, attendance at school events and the involvement of wider members of the family in the children’s lives. But mediation is not confined to issues concerning children. The division of assets on separation or divorce can also be resolved, provided that the parties can give to the mediator and to each other a true and full picture of their respective financial positions.  

We have 8 fully trained and experienced mediators, including the acclaimed mediator Anthony Kirk QC, a past Chairman of the Family Law Bar Association. We can accept mediation referrals directly from clients as well as through their lawyers.  
 

Collaborative Law
This relatively (in the UK at least) new approach to dispute resolution is particularly suited to resolving financial issues, and to cases where financial issues and issues relating to children both arise. It provides a client- and family- centred forum for reaching a solution which itself, and in the co-operative way in which it is reached, serves the needs of parties who wish to avoid the “traditional” Court “battle”.  

Parties and their lawyers agree at the outset that they will not litigate – if the process fails without agreement, then the parties have to instruct different lawyers to represent them in Court.  

The process is confidential, but conducted entirely openly and honestly between those involved. There is very little written correspondence. Almost all discussion takes place in meetings involving both clients and their lawyers. In financial disputes, full disclosure of each party’s financial position is required as it would be in litigation, but the participants work together to ensure that all parties understand it. There is no “point-scoring”. Where outside expert help of any sort is required, it can be called upon from experts also trained in and committed to the collaborative process.  

Meetings take place at the clients’ pace and as often as necessary to achieve a full agreement of all issues arising out of the family breakdown. Well over 90% of cases that are dealt with through collaborative process result in such agreement. The agreement is then put before a judge in proceedings commenced for that purpose only, and the agreed result formalised in a Court order.  

As of 3rd May 2010, 1kbw has a team of 12 fully-qualified collaborative counsel, including 4 QC’s.  

Early Neutral Evaluation (“ENE”) The Court lists are full. Those who are involved in litigation in financial ancillary relief cases often face a wait of many months for their Financial Dispute Resolution hearing – the hearing with the best chance of avoiding a contested trial through tribunal-led negotiation. As a result, some parties and their lawyers have sought other options. The “private FDR” is becoming more and more popular.  

Conducted much as a Court FDR would be, an experienced matrimonial counsel acts as the FDR judge, hearing representations and giving his view as to the possible outcome(s) should the matter be litigated. Of course he cannot determine the case himself, but then nor can a judge at a Court FDR. Moreover, ENE offers a speedier, more flexible opportunity in terms of timing than the best-run Court could possibly offer.  

At present, we have 6 counsel who offer themselves for this service, one of whom – Richard Anelay QC – sits as a Deputy High Court Judge and another – James Roberts – as a Recorder.    

For further information in relation to any of our ADR services, please contact our Chambers’ Director, Sue Gray, or the Clerk in charge of ADR, Tim Madden. They will be happy to help.    

Mediation Barristers Richard Anelay QC Stephen Bellamy QC Anthony Kirk QC James Roberts Nicholas Anderson Madeleine Reardon Katherine Kelsey Martha Holmes

Collaborative Counsel Richard Anelay QC Barry Singleton QC Anthony Kirk QC Christopher Pocock QC Richard Harrison Victoria Green Nicholas Anderson Shona Rogers Harry Oliver Katherine Kelsey Martha Holmes Sue Wilkins

Barristers available for ENE Richard Anelay QC Barry Singleton QC James Turner QC Deborah Eaton QC Christopher Pocock QC James Roberts