What are the opening hours?

Monday 9am - 5pm Tuesday 9am - 5pm Wednesday 9am - 5pm Thursday 9am - 8pm Friday 9am - 3pm

Alternative Resolution to Conflict - arc, 114-116 Fore Street, Hertford (2026)

18/04/2024

Predatory Marriage and Wills

When most people get around to writing a Will, they think that’s that – their Will remains in place until they die. Not quite. As a general rule, if you marry (or form a civil partnership) your Will is automatically cancelled. Presumably this was put into place to prevent newly married couples from forgetting to change their Wills and leaving everything to a former partner, or a less deserving relative.

The Law Commission have begun to look at this law, due to the rise of so called predatory marriages. Marriages between an unsuspecting vulnerable person, and someone seeking to take advantage of their vulnerability, have become known as ‘predatory’ and there’s evidence to suggest they are on the increase. The predator encourages the vulnerable person to marry them, which revokes their Will. When the vulnerable partner dies, the predator inherits all or part of their estate through intestacy (this leaves all or a significant share to their spouse).

It is possible for a dependent to challenge a Will, but the procedure is complex and extremely expensive.

By: Dave Warren TEP

Photo-credit: cynoclub (iStock)

10/08/2023

Is Mediation Future Focused?

Mediation, in regard to solving problems, has a strong emphasis on the future. But in practice, people will nearly always have to travel along a road that takes them from the past to the present, to gain an insight into how tomorrow can be different.
The origins of disputes are in the past. Even though many people feel they don’t want to talk about the history of a conflict (‘it’s too painful’, ‘it can’t be changed, ‘it’s not relevant’) it’s these past events that have resulted in a dispute. In my experience, a mediated discussion won’t move on until the important things about the past have been said.
Moving forward to the present, I’ll often ask people how they’re feeling, as the discussion moves along. Their answer might not be positive, co-operative or even pleasant, but it’s important that they (and the other people in the discussion) get to hear how their experience of events has made them feel about the dispute, and everyone else involved.
Acknowledging these emotions, agreeing and disagreeing on what’s happened, and understanding what other people need to move forward, often opens the door to a future that didn’t seem possible when the mediation session began.

By Dave Warren

Photo by mostafa-meraji on Unsplash

27/07/2023

Rebuilding Relationships - Mediation’s Potential To Repair What’s Been Damaged

As Martin Plowman makes clear in his book ‘Zen and the Art of Mediation’, the point of mediation isn’t always to rebuild a relationship between people in dispute. If those involved in a dispute have no interest in an ongoing relationship, following mediation, then it’s not the role of mediation to repair what’s broken.

This might be the case where the dispute involves a disagreement about a one off contract, where negotiation in mediation might be able to work out how both people walk away from a deal. They may never wish to do business again, simply extract themselves from something that’s gone wrong.

For families, friends and family businesses, repairing a damaged relationship may be as important, if not more important, than the focus of their dispute. As the people involved in the mediation set the agenda, decide what they need to talk about and are free decide on how their future will be, mediation gives people the space and freedom to rebuild their relationship, sometimes setting a new course.

By Dave Warren

Photo by Ruan Richard Rodrigues on Unsplash

Reference: Martin Plowman, Zen and the Art of Mediation (2019), Law Brief Publishing.

12/07/2023

Self Determination

Self determination is an awkward phrase, but I haven’t found a suitable substitute to date.. It means that people engaged in mediation find their own way to resolve the dispute that they are part of. This means that the mediator, supporting the discussion, doesn't tell people how to find a way to navigate their issues nor what their solution should be. The responsibility is with the people involved in the mediation. For trainee mediators (young and old) proposing solutions is one of the hardest habits to stop - most of us really like giving problem solving advice.

The benefit for people in working out the issues for themselves is twofold. Firstly, they are more likely to honour an agreement where they've been part of the solution. Secondly, if there's going to be any sort of ongoing relationship after the mediation (which is not that uncommon in contentious probate or trusts cases) mediation gives people experience in resolving problems. They might find that this gives them confidence to deal with issues in the future.

But there can be two obstacles. Firstly, people need to be able to engage in a mediated discussion. Most of us can, but a small minority of people have significant barriers to communication (mental health issues, sensory impairment etc). It’s the mediators job to identify these barriers and, where they can, adapt the process to support these people through the process. Secondly, some people find that being placed in a position, where they are jointly encouraged to work out a solution quite overwhelming. We spend a lot of our lives being told what to do; sometimes by our parents, sometimes at school, sometimes at work, sometimes by the government, sometimes by law enforcement – and all that 'telling' can rob people of the power to decide for themselves. Again it’s the mediator’s job to make people feel comfortable, independent and supported in determining what happens next.

By Dave Warren

Photo credit: Sunil Ray on Unsplash

06/07/2023

A Fixed Point of View? - How Mediation Can Change Perspectives

I was listening to a Barclays’ podcast (Word on the Street # 218 - 8.6.23) on the behaviour of investors. Maya Wheland argued that people make their minds up about a situation really quickly, then are reluctant to change. With regard to investors - they become entrenched in a mindset concerning a market or company, but refuse to change their view on things, even when the evidence suggests they should buy, sell or stay put. Barclays’ message was that their team of investment specialists monitor world markets 24/7 and will make the decisions for investors with cold hard analysis of the investment environment, taking the ‘emotion’ out of trying to figure out what’s going on.

Maya suggested that investors’ reluctance to listen to new information was due to confirmation bias. People have a habit, once they have made up their minds, to be open only to evidence that supports their initial view on things.

In mediation, people often begin conversations with a fixed view. Through conversations with others, and with the support of a mediator, they may begin very gradually to change their perspective. Nobody forces anyone to change their minds - but listening to how others see things, reflecting on assumptions made about others and hearing how people are feeling (often just as bad), often brings about a change in perspective.

When a change in a person’s position does happen, it can take the discussion down a completely different route, and fixed views can melt away to a common understanding of what’s happened, the damage that’s been done and how tomorrow can be different.

By Dave Warren
Photo by Cee on Unsplash

29/06/2023

Mediation and Confidentiality

‘Mediation thrives on confidentiality…’ (Freedman & Prigoff 1986)

Mediation is confidential, which means that nobody other than the people involved in the mediation should know the content of what’s being discussed.

Why is confidentially so important?

1. In a confidential environment, people are free to make or withdraw offers and to say what’s on their minds, without fear that a statement could come back to haunt them in court (known as ‘without prejudice’). Whilst maintaining respect for each other, people can say what they want in mediation.

2. Mediation protects the privacy of individuals and their dispute, as meetings are held without anyone else being present and no one reports on what’s been said. This prevents private disputes being reported by the press and can protect sensitive commercial information (e.g. intellectual property).

3. An agreement to keep the mediation confidential can help to build trust, which is generally missing between people involved in a dispute.

Confidentiality extends to the mediator, who is trusted by the other people involved not to discuss the content of conversations, nor the identity of the people involved with anyone. There’s three exceptions where the mediator will breach confidentiality:

a. If, during the course of the discussion, it becomes apparent that an adult or child is at risk of serious harm, the mediator will report this to the relevant agency (Police, child protection unit, etc).

b. If someone involved in the mediation admits to committing, or is about to commit, a very serious crime (e.g. an act of terrorism).

c. If the case were to progress to a court, the people involved could waive their right to confidentiality and the mediator could be called as a witness. This is extremely rare.

It’s the content of the discussion in a joint meeting, or the one to one conversation with the mediator, that must remain confidential, if mediation is to be successful.

By Dave Warren

Reference: Freedman L.R. Prigoff (1986) Journal Of Dispute Resolution, Vol 2:1 1986, Confidentiality In Mediation: The Need for Protection. Available at:https://core.ac.uk/download/pdf/159574785.pdf

Photo by Kristina Flour on Unsplash

22/06/2023

Is Mediation Really Voluntary?

This post follows on from my earlier post 'Four Characteristics of Mediation', which is availabale at: https://wp.me/p4doqK-2jT

Mediation is a process that people enter into voluntarily. The people involved in a dispute decide to consider mediation as a way to resolve their issues. They decide to meet the mediator to discuss their case and how they see things. They decide to take part in a meeting with the mediator and the other people involved. They decide whether to come to an agreement. That's why people tend to honour voluntary mediated agreements, because they have not been forced to accept a decision by somebody else.

On reflection, it could not be any other way. If a person was forced to take part in mediation, they would go through the motions, perhaps agree to something they didn’t really want and not follow through with any resulting agreement.

That said, mediation does have less voluntary elements. Firstly, when approaching a court to resolve a dispute, people are be expected to have considered mediation, and (in the case of family and employment cases) discussed the case with a mediator. If a court finds people didn't have a valid reason to refuse mediation, then it may award costs against them. Secondly, at the end of a mediation, if an agreement is reached, the agreement can be changed from 'voluntary' to 'legally binding', with the consent of everyone involved. A court will then enforce the agreement if one or more people refuse to meet their obligations.

To some people involved in a dispute, mediation might not feel voluntary. They are often faced with the ultimatum from the other people involved – agree to mediation or…. (usually "we’ll see you in court"). But in effect this is a choice, If they choose mediation, it's the better option for them, faced with the alternative, at that particular moment in time.

By Dave Warren

Photo by Jon Tyson on Unsplash

16/06/2023

Lasting Power of Attorney Dispute? – How Mediation Can Help To Find A Way Forward

A Lasting Power of Attorney (LPA) is a legal agreement between a donor (the person making the LPA) and their nominated attorney. This agreement enables the attorney to act for the donor and make decisions, when the donor can no longer do this for themselves. There are two types of LPA’s in the UK - Property & Finance and Health & Welfare.

LPA applications have risen substantially from 38,000 per year in 2008 to 771,822 in 2022, with over 6 million registered to date. Sadly, so have the number of LPA disputes. The Office of the Public Guardian carried out 2,464 investigations between 2021 to 2022 (which also included concerns about court appointed Deputies), up by over 400 on the previous year.

LPA disputes can include:
• Disagreements between attorneys on how they should act in the best interests of the donor.
• Issues concerning where and how care should be provided for the donor.
• Lack of communication passing between attorneys and friends or family members.
• Attorneys using a donor’s funds, residence or investments for their own benefit.
• Concerns that the donor may not have lost capacity, but the attorney has begun exercising their powers.

Disputes can be between attorneys, or between attorneys and the friends and family of the donor.

Unless the dispute can only be dealt with by a court, we feel that mediation has a role to play in clarifying the issues, sharing people’s points of view and finding a mutually acceptable solution.

The first step is making contact with a mediator, to have a conversation about your case, to see how mediation works and to find out how to move forward.

Contact us at: https://arcresolution.co.uk/contact-us/

Photo Credit: Shutterstock

26/05/2023

FOUR CHARACTERISTICS OF MEDIATION

Mediation, whether wills and probate or any other type of mediation, has four main characteristics:

• Mediation is voluntary – the parties involved in mediation engage under their own free will.
• Mediation is self-determined – the mediator brings people together and provides an environment in which they can discuss the issues they are concerned about. The solution to the problem is developed by the people involved in the case, with the support of the impartial mediator.
• Mediation Is Confidential - Individual discussions with the mediator are not shared with anyone else. During the mediation meeting, the parties decide the nature and content of the information they disclose. Mediation meetings are also held ‘without prejudice’, meaning that information disclosed generally cannot be used in legal proceedings.
• Mediation is Solution and Future Focused – mediation gives people an opportunity to explore a range of personalised options, that meet their needs, to solve the problem.

In subsequent weeks I’ll explore each one of these characteristics in much greater detail.

By Dave Warren

(Imagecredit: Emoji One, CC BY-SA 4.0 , via Wikimedia Commons )

17/05/2023

Problems with Trusts – What has mediation got to do with it?

Trusts are deceptively simple. The legal owner of an asset, transfers its ownership to a willing third party (a trustee), for the benefit of another person (a beneficiary). But there are a complex set of rules governing trusts, that can make disputes very difficult to resolve.

Disputes generally arise between trustees and beneficiaries, when they disagree. Beneficiaries may feel that trustees are not managing the trust’s assets efficiently, not communicating, or not adequately meeting the needs of the beneficiaries. Trustees can feel that beneficiaries are asking for too much information or trying to interfere with the trustee’s management of a trust.

Unless the dispute can only be dealt with by a court, mediation has a role to play in clarifying the issues, sharing people’s points of view and finding a shared solution. The first step is making contact with a mediator, to have a conversation about your case, how mediation works and how to move forward.

By Dave Warren

(Photo Credit: Shutterstock 336759149)

10/05/2023

Values

There’s been a lot of talk about values in the press, on the run up to the King’s Coronation. Will the new monarch lead to a reinstatement of national values, are the old one’s obsolete, has our world changed so much since the coronation of Elizabeth II that we need a whole new set of values?

Values play a central, if unspoken, role in disputes. In common with our national values, it’s rare that values will be expressed, although these standards and principles guide our decisions and actions. Within a family, there may be those who believe that a person’s wealth should be left to their relatives through a legacy in their Will (family loyalty). However, others might argue that a person’s strong links and/or commitment to a certain charity means that the legacy would be left to that charity (community generosity).

A clash of values may be the reason why there’s a dispute, with people feeling defensive when their actions, guided by their values, are brought into question. I have never witnessed anyone changing their values in mediation, but I’ll seek to encourage people to talk about what’s important to them, giving everyone the opportunity to reflect (but not necessarily agree) on each other’s values.

In addition, if the mediator can help the people involved identify common values, this can pave the way to finding a solution that everyone can agree to.

By Dave Warren

(Photo: Mark Jones from Stradishall, Newmarket, suffolk - 1J4A9223-Edit.jpg, CC BY 2.0, https://commons.wikimedia.org/w/index.php?curid=74904508)

Alternative Resolution to Conflict - arc

18/04/2024

10/08/2023

27/07/2023

12/07/2023

06/07/2023

29/06/2023

22/06/2023

16/06/2023

26/05/2023

17/05/2023

10/05/2023

Address

Opening Hours

Telephone

Website

Alerts

Shortcuts

Share

Category

Monday	9am - 5pm
Tuesday	9am - 5pm
Wednesday	9am - 5pm
Thursday	9am - 8pm
Friday	9am - 3pm