Lawyers and Mediators: The Brave New World of Services for by Mavis Maclean, John Eekelaar

By Mavis Maclean, John Eekelaar

Do attorneys make issues worse, or do they supply details, suggestion and help that can support to avoid disputes coming up or deal with them once they do? Do mediators allow events to speak and succeed in agreements tailored to their wishes? Or operating outdoor the felony framework, do they locate it tricky to guard weaker events and entry professional suggestion? What occurs whilst legal professionals develop into mediators? This e-book will describe the constitution of provider provision and the daily paintings of attorneys, mediators, and attorney mediators, drawing on empirical paintings performed among 2013 and 2015 instantly after the new alterations to the administration of divorce and separation in the relations justice method. The relief in criminal aided assist in 2013 and the failure of mediation to fill the space in 2014–15 have given upward thrust to a tough debate. This booklet goals to supply an account of a few of the sensible results of those regulations via an outline of the day-by-day paintings of practitioners within the zone. It increases the query of no matter if we have to choose from conventional felony companies and the recent procedures of non-public ordering or even if intermediate positions could be attainable.

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Sample text

Why risk it? ’ B. New Specialist Providers Looking in detail at the new specialist services, our first concern was to establish who was providing the service, that is, whether a site is offering the advice of an accredited and insured lawyer, or a paralegal, or anyone with some legal knowledge. When we asked in follow-up phone calls whether providers were lawyers, the answers ranged from ‘Yes, er, no’ and ‘Yes we are lawyers but not working as lawyers’ to the clearer ‘We are legal executives, we can handle non-contested matters’.

The message from all these four services is clearly that disputes cost money, whichever route is taken, and that amicable change of status costs less, at least at the point of delivery. Where there is conflict, it seems that qualified lawyers (solicitors) will be involved to some degree. We should therefore consider how these specialist digital services compare with other 18 Further detail on this arrangement follows in the next chapter, p 64. 42 The Marketisation of the Legal Profession attempts by legal firms to offer a low-cost divorce service.

35 ‘high-value disputes and international arbitration’ (18); ‘corporate, employment and real estate’ (20). 5 million (7), and another boasted a professional staff of 175 (1). Some had high-profile family law practitioners on board, and there is no reason to think that they were not offering an excellent service for an appropriate fee in complex financial family matters, whether disputed or simply needing careful planning. The websites were essentially designed to encourage the potential client to join the elite group served by the firm, and there was little legal information offered, nor any mention of additional services such as mediation, and little information on charging.

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