Mediation
Mediation works because it builds consensus and discourages confrontation. No-one wins and no-one loses, you just come to a sensible, mutual arrangement. You will also know from the outset how much this process will cost.
Djems' Mediation expertise covers these key areas:
Divorce & Separation
Mediation and principled negotiation is particularly helpful where divorce and separation are the issue, more especially if business interests are also involved. The process helps couples to take control of their situation and sort out the many practical matters in an open and co-operative way. All too often the break-up of a relationship leads to recrimination and hostility. Mediation avoids all that by concentrating on firstly the arrangements regarding any children, then dealing with financial matters.
This will form the basis of the final stage, the actual divorce settlement. Only then do the lawyers become involved, to verify what both parties have agreed. The mediator is an independent third party, not beholden to one or other of the parties in dispute, and works to achieve an equitable solution for both. Fees are fixed in advance, confidentiality is rigorously maintained and the eventual agreed outcome will be legally binding on all sides. Many lasting legally binding settlements have been reached without excessive legal costs or the need to attend Court.
Dispute Resolution
For many businesses, the thought of having to pursue action through the courts is very unappealing. Dispute Resolution through mediation offers a route round this. Settling financial and other disputes through mediation, involves not taking sides but consideration of both sides arguments before recommending a solution.
The typical benefits of Dispute Resolution include:
- Legally binding agreements
- Fair and reasonable settlements
- Low cost alternative to the traditional legal route
- Fees fixed and agreed in advance
- Both sides remain in control
- Taking the cost out of conflict
Two types of Dispute Resolution are mediation, when the independent mediator will draw up a suggested solution to be ratified by both parties, and the more expensive option of arbitration, in which the parties agree to be legally bound by the findings. Dispute Resolution can be used both for internal disputes, perhaps between people within your organisation, or externally, for example, with customers and suppliers. It is equally useful in resolving the break-up of relationships when both parties have a financial interest in the business. Dispute Resolution can provide an equitable solution without damaging the long-term viability of that business.
Partnership & Commercial Issues
Often the break-up of a relationship is complicated because both parties have a financial interest in a business. The critical question that arises is how to exit the relationship while retaining the income generation from that business because, ultimately, maintaining the income stream will provide better for the all parties. Establishing the worth of the business and restructuring it to meet the new circumstances requires analytical and financial management skills. Djems has a combination of mediation and financial skills to help you achieve this, whatever the structure of your business arrangements.
The Four Stage Process
Mediation conducted by Djems comprises a proven and successful four-stage process:
- Initial contract: A free initial consultation, without obligation on your part. This can be held with or without your partner being present, whichever parties feel most comfortable with.
- Financial disclosure: All relevant facts and details are considered to establish the parameters within which the settlement takes place. One partner might perceive the other as asset-rich but disclosure might reveal that there is limited access to that money, for example.
- Options for settlement: The mediator will look at all issues such as maintenance for children and the division of assets and put forward options that both serve long-term interests and are acceptable to both parties as well as the courts. Similar principles apply to commercial disputes.
- Legal agreement: This is where the lawyers come in, not to renegotiate the entire settlement but to check that the agreement drawn up by Djems meets your requirements.