Landlord and Tenant Law – The Importance of A Written Tenancy Agreement

Does a Tenancy Have to Be in Writing? Under the Law of Property Act 1925 and the Law of Property (Miscellaneous Provision) Act 1989 any contract for the creation of an interest in land is invalid and unenforceable unless it is do so in writing. Interest in land would include mortgages, sales and transfers, charges or leases. The exception to this rule is that an oral lease may be created so long as it is;

* For the best rent reasonably obtainable (i.e. a market rent) * For a period of less than 3 years

This means that a tenancy can generally be created by verbal a agreement, although this isn’t advisable as verbal contracts would be difficult to prove and if the relationship between the landlord and the tenant breaks down, an expensive court proceeding may be have to take place in the absence of clear and unambiguous terms. This is why a written tenancy agreement is therefore in the best interests of both the landlord and the tenant.

Written Statement of Terms At the moment every residential tenancy is presumed to be an Assured Shorthold Tenancy unless there is an agreement that states otherwise. Tenancies of this type are subject to special rules.

When there is no written tenancy agreement, section 20A of the Housing Act 1988 provides that the tenant is entitled to be provided on demand with a written statement setting out the following terms of the tenancy:

* Term or length of the tenancy

* Date on which the tenancy commenced

* Dates on which rent is payable

* The rent due under the tenancy

The landlord is required by law to provide this statement within 28 days of receiving written notice from the tenant. Any failure to comply with the requirements of this act wil be classed as a criminal offence and if a landlord fails provide the requested statement within 28 days, they may be convicted and fined up to 2,500.

What Should I Put In The Tenancy Agreement? The information on dates and rent payments that landlords are obliged to provide the tenant under the Housing Act, a tenancy agreement will usually include provisions which relate to the following:

* Details of additional bills & service charges

* Inspections

* Procedure for ending the tenancy and resolving disputes

* Procedure for varying the rent

* Responsibility for maintenance

* Restrictions on the use of the property

In all tenancies, the tenant will have a number of basic rights which cannot be taken away or restricted, and any provision of the tenancy agreement which attempts to do so will become invalid. Where one provision or term of a contract such as a tenancy is found to be invalid, other provisions which refer or relate to that term may be unenforceable. Because of this, care should be taken when drafting a tenancy agreement and you may want to consult a professional.

If you own several properties which you rent out, it may be more cost-effective for you to ask a lawyer to draft you a standard-form tenancy agreement which you can customise for each individual property rather than consulting a solicitor for each individual tenancy.

Collaborative Divorce — breaking up doesn’t have to mean breaking the bank

The collaborative process, started by Minneapolis family lawyer Stuart Webb in 1990, provides alternative dispute resolution using a team of professionals working jointly for the couple, rather than in adversarial roles. It is just now hitting the radar screen in Illinois, where practitioners estimate that about 300 divorces have been handled this way in the last several years. The state averages about 35,000 divorces a year, records show.

Both parties agree not to enter litigation. Couples often hire attorneys trained in collaborative law and bring in shared accountants, financial planners, business valuation experts, child psychologists and even life coaches to help the couple. Unlike impartial mediators, the attorneys can advise their clients as advocates.

Proponents say it dramatically cuts the tension–and the costs–involved in traditional contested divorces.

There are skeptics, however. Among the critics are those who say the peacefulness of the process encourages divorce and attorneys who say the best representation for any divorcing spouse is a vigorous offense.

Participants in a collaborative divorce sign documents promising to disclose all assets, and their attorneys agree to walk away from the case if the parties end up going to trial.

An average contested divorce can run about $30,000, but it’s not uncommon for some to reach six figures, attorneys say.

Collaborative costs vary widely, depending on the number of professionals involved and the number of meetings it takes for spouses to agree on a settlement. Collaborative attorneys estimate that most of these cases settle for half to a third of what their bill would have been with a court battle. Settlements must be reviewed and approved by a judge.

Costs ranged from $5,000 to $21,000, representing as high as 15 percent of annual household income.

Even friendly divorces come with costs that reach beyond the courtroom, however, and women especially tend to feel the strain. Divorce Magazine reported the drop in standard of living for women after divorce was 45 percent in 2000. About 20 percent of people filing personal bankruptcy had been recently divorced, according to Harvard University law professor Elizabeth Warren, who has studied families in dire financial straits since 1986 and who is considered one of the leading national authorities on bankruptcies.

Your staff: In addition to consulting attorneys, divorcing couples are turning to specialized financial planners to run living cost estimates, decide the value of family businesses and prepare investment return projections on proposed settlements.

Typically these are accountants, certified financial planners or other financial advisers who offer a specialized divorce practice. Someone who has a Certified Divorce Financial Analyst designation has also taken a self-study course and completed four exams related to divorce finances, but be sure to inquire what other credentials he or she has. Training is done through the Institute for Divorce Financial Analysts in Southfield, Mich. (800-875-1760).

If you’ll need help valuing assets or a business, or suspect your future ex may be hiding money you also may need to contact a forensic accountant.

If you are the primary breadwinner but are considering a lower-paying job as you go through the divorce transition years, tread carefully. Some judges will require you to maintain your family’s previous standard of living. A judge may rule you’re more than capable of a high earning power and decide to award less alimony.

Your portfolio: If you think you’ll have to draw down some retirement money to cover expenses in the first few years of divorce, do it sooner rather than later, this way you can take a distribution at the time of divorce without a penalty,

Your tax return: Be sure to consider the tax consequences of your divorce settlement. The more money a primary breadwinner doles out as alimony instead of child support, the more he or she can deduct from income, experts say. The spouse receiving the alimony will have to pay income taxes on the money, but usually it will be at a lower tax bracket. Child support, on the other hand, isn’t deductible from income.

Jessica Kirk Professional Lawyer

Dedication to the practice of family law has helped lawyer Jessica Kirk build a solid reputation as a divorce lawyer. Her compassionate and knowledgeable approach to the issues of divorce has helped her clients successfully resolve many of the associated issues, such as child custody, alimony, and division of property. She has represented both men and women in divorce cases and along with her partners at The Crittenden Law Firm in Birmingham, Alabama she uses her experience and the firms dedication to resolving family issues to provide expert service.

As a graduate of the University of Alabama Law School and a member of such organizations as the American Academy of Matrimonial Lawyers, lawyer Jessica Kirk approaches her work with dedication and integrity. Her divorce clients receive not only expert legal representation, but solid guidance through every step of the process.

About the University of Alabama Law School:

Throughout history, the laws for combating piracy became a key building block for todays international legal system. Alabama Laws Dean Kenneth C. Randall surveys the unique, historical relationship between piracy and international law during NPRs special report, “An Old Scourge, Piracy, Is New Again,” on Monday, May 4.

Since 1994, Alabama has had a law in place requiring all convicted felons to submit a DNA sample. But that could soon change. A bill currently making its way through the state legislature would allow for a DNA sample to be taken from everyone arrested and charged with a felony or sexual offense after October 2010. David Patton, assistant professor and director of Alabama Laws Criminal Defense Clinic, speaks with Alabama Public Radio about potential pitfalls should this bill become law in the Wednesday, May 6 story, “Making It Legal To Take DNA From Felony Arrestees In Ala.”

The Career Services Office reported 97.4% of Alabama Laws 2008 graduates as employed within 9 months of graduation. This is the 13th consecutive year that the Law School has had its employment rate above 95%. Also, the number of employers who visited Alabamas campus last Fall to conduct jobs interviews with our law students increased by over 20%.

Podcasts are now available from the February 27, 2009 Law, Knowledge & Imagination symposium titled, “Speech and Silence in American Law.” Cambridge University Press will be publishing the papers in this symposium as well as those in UA Laws previous forum held in October 2008 titled, “Sovereignty, Emergency and Legality.”

The Chief Justice of the United States, the Honorable John G. Roberts, has committed to present UA Laws Albritton Lecture in 2010. Justice Clarence Thomas will give this same lecture in fall 2009, which will mark the second time he has spoken to Alabamas law students. The Law School was honored to welcome Chief Justice Beverley McLachlin, of the Supreme Court of Canada, to Tuscaloosa on March 9 to present the spring 2009 Albritton Lecture.

Throughout history, the laws for combating piracy became a key building block for todays international legal system. Alabama Laws Dean Kenneth C. Randall surveys the unique, historical relationship between piracy and international law during NPRs special report, “An Old Scourge, Piracy, Is New Again,” on Monday, May 4.

Since 1994, Alabama has had a law in place requiring all convicted felons to submit a DNA sample. But that could soon change. A bill currently making its way through the state legislature would allow for a DNA sample to be taken from everyone arrested and charged with a felony or sexual offense after October 2010. David Patton, assistant professor and director of Alabama Laws Criminal Defense Clinic, speaks with Alabama Public Radio about potential pitfalls should this bill become law in the Wednesday, May 6 story, “Making It Legal To Take DNA From Felony Arrestees In Ala.”

Is it Time for a Divorce

Most of us enjoy fulfilling love from different relationships all through our lives. However, no love can be comparable to marital love that adults are entitled to. This love is unique for it is a homogenous blend of respect, admiration, acceptance, friendship, trust, faith and the need to feel special. Such an atmosphere of love and desire is conducive to a healthy and fulfilling married life.

If either of these is absent from a marriage, the couple should work at fulfilling that particular deficiency.

Lack of Respect

Respect for the marital spouse is the foundation stone for a strong marriage. Lack of it is signified by both, verbal and non verbal communication. Even a simple gesture like an upward eye roll indicates non acceptance and respect denial, lack of caring and aggressive behaviour. This simultaneously induces defensive and negative behaviour from the spouse which in turn aggravates hostility.

A more serious breach of respect is the verbal onslaught and physical and emotional abuse by the marital mate.

Physical Abuse

Physical abuse comprises shoving, slapping, punching, kicking or strangulation. Physical abuse should never be tolerated. The partner might use such acts of intimidation for controlling the spouse or resorting to such behaviour pattern might have been a habit learnt from childhood. Whatever may be the inducing reasons, such negative behaviour jeopardise safety of all the other family members.

Emotional Abuse

Verbal abuse is more serious than physical abuse and people often tend to ignore it for the mere lack of physical symptoms and the fear of not being taken seriously. But, it is much more serious than physical abuse for it leaves an injury on the soul of a person. The abused, loses self respect, courage, self confidence, rational thinking and lives life in self doubt.

Like the eye roll, the very first act must be met with defiance. The partner must be indicated the non acceptance of such behaviour. It should be put an end to before it becomes strong enough to destroy the marriage. If the spouse fails to end aggressive behaviour, needless to say the marriage has to be terminated.

Lack of Trust

Adultery is common and more than 30% of men and 25% of women have indulged in adultery at least once in the span of their marital life. And 65% of adultery episodes terminated marital life. Adultery, as is commonly believed does not occur just for sexual fulfilment. Men have the inherent desire to be loved, respected, admired and have peace at home. These propel a man towards higher achievements. And women desire to be sincerely loved, and love financial and familial commitment from their men. The desire to feel protected is a primeval instinct inherent in every woman.

Non fulfilment of either need drives people toward adultery. The erring spouse soon loses the trust of the aggrieved partner. Both adultery and lack of trust can be easily dispelled before they damage the relationship between spouses. Counselling is a must to help partners get rid of such tendencies. Once either spouse realises what is lacking in a relationship, fulfilling that inadequacy is not difficult. Yet, if each chooses to ignore the needs of the other, then divorce might be the only solution.

I Have Been Falsely Accused of Sexual Assault

False accusations of sexual assault can haunt you for the rest of your life. Penalties for conviction vary wildly from case to case, as these charges can be extremely complex and difficult to work through. An experienced criminal lawyer can help you thoroughly understand these charges, and build the strongest possible defense for your situation.

Especially in today’s climate, when sexual assault on campus is in all the headlines, being charged with rape can come as a complete shock to many people. With all the grey areas in the areas of adult sexual relations, as well as the intricacies of consent and capacity, the accused may not even understand they may have committed a crime. On the other hand, however, the accuser may have made a terrible or malicious mistake.

How Can I Defend Myself?
If you’re charged with sexual assault or rape, it’s imperative you consult with sexual assault lawyers immediately. Try not to give any statements without a lawyer present. Being proactive is always the key to a strong defense. Although there are no accurate statistics on false rape accusations across the country, your attorneys understand the many ways a false charge could happen:

Innocence. Simply enough, you’re innocent and can prove it with an alibi. Your attorney can help you collect all credible evidence to show this — you were not there at the time, witness statements, documents like credit card receipts, etc.
Mental incapacity. In some cases, a defendant may not understand what they did was wrong or against the law. Due to a mental challenge or deficit, they had no understanding that unwanted sexual contact is prohibited by law. Some courts may show more leniency in these situations.
Consent. The issue of consent is difficult and complex. With sexual assault, the prosecution must prove the alleged victim didn’t give consent. Perhaps you did have sexual relations, but believed the accuser gave consent. What happens now? Sometimes the issue of consent is almost impossible to prove, but if your experienced criminal lawyer can show that you made a concerted and reasonable effort to ensure the accuser gave consent, the court can look favorably on this.
Mistaken identity. Again, you may not have committed any crime at all. With a case of mistaken identity, an arrest for sexual assault can traumatize you for the rest of your life. Your attorney will work with you to determine your alibi, locate witnesses and, if necessary, perform DNA testing to prove your innocence.

Your Best Defense is a Good Offense
Even if you believe any accusation against you is false, consult with qualified sexual assault lawyers as soon as possible. Your legal team is on your side, even when it might feel like the world is against you. They work with you to identify all the facts, establish the truth, and present a vigorous defense both in and out of the courtroom. With your reputation and freedom at stake, start your legal strategy as soon as possible.

Boca Raton Family Law Lawyers Scott J. Brook ends term as Head of Coral Springs, FL

Boca Raton Divorce Lawyers Scott J. Brook completes tenure as Mayor of Coral Springs, Florida Thank you citizens! Now that my tenure is complete, I will have more time available for my Coral Springs Divorce Lawyer clients. Thank you for making my job so easy along with satisfying. I get liked staying Your current Gran. I get liked each of our espressos, each of our guides, each of our tells you, each of our get togethers, each of our result, in search of alternatives jointly a whole bunch more. We are in an exceptional, endowed group. We get many people that will love people, accomplish for some individuals, you are not selected and in addition have a go at our own authorities. Thank everyone regarding whatever you caused by boost our own local community.

My partner and i give thanks to my own many other staff, my own predecessors, my own Percentage fellow workers causing all of my own Committee associates regarding furthermore creating my own career the most effective I have ever acquired. I feel happy that most on the Commissioners have frequent work hours, that any of us employ a sturdy Federal Citizens Panel (this CIGC) therefore we employ a Federal academia in addition to Youngster Politics Community. We include one among the most competitive place a burden on premiums from the Talk about, an incredible well being in addition to fantastic educational institutions in this process. Certainly, you will discover troubles onward. I was self-assured our brand-new Payment along with each of our brand-new Area Boss, Erdal Donmez, in addition to a wonderful crew can destroy these kind of issues knowning that each of our community overall economy can recovery.

Only get forgotten about your reputation if we discover the other, remember to eliminate us. I we do hope you think We’ve offered absolutely to you personally and also for a assumption with “government” and also “politics.” Thank people just as before for any right with preparing people for up to Nine years. Feel unengaged to remain active in my family during and also by way of dialing my family during 954-757-5551. I works for all of our Young adults Project Compel plus dream to often be fitted so that you can work all of our Global financial Progression Cornerstone. I believe, I’ll spend more time with my personal caring loved ones, spend more time upon my personal regulation exercise last but not least complete composing my personal guide upon making work/family stability!

Thanks The City with regard to permitting me personally to possess this particular column. Thank additionally you to any or all associated with my personal kids for the assistance as well as knowing many of these many years. Finally, to my wife, Brenda, I cannot thank you enough for the sacrifice you have made and the love you have given me and our children which has allowed me to serve our community.

It has been a great ride!! By the way, NO HURRICANES during my tenure as Mayor! I wish you all well.

With Appreciation,

For info about my, check out our site at Elect Scott J. Brook to FL House of Representatives District 96 in 2012.

The Four Pillars Of Financial Intelligence

You would think it would be easy to get people to admit that they want to be rich and then take action, wouldn’t you? But no, people are very worried about firstly admitting they want to be wealthier, and then very fearful of taking action. So, as a Wealth Coach, I usually prefer to talk about Financial Intelligence rather than Wealth Creation.

In order for people to get excited enough to make the leap and join The Money Gym, we have to talk about becoming a millionaire, and the millionaires we have helped create, because most people can’t often be bothered for anything less.

Unless there are guaranteed results and they are big and compelling enough, people often don’t want to pick up a book turn off the tv, go to workshops and learn anything new, certainly not for anything less than millions. And they want it quick too!

Really, Wealth Creation and Financial Intelligence are very similar animals, but Wealth Creation needs to be underpinned by Financial Intelligence, otherwise the wealth will go the way of the wealth of most lottery or competition winners up the Swanee, spent on fast cars, big houses, champagne and very unsuitable companions!

Actually I just described my old age, if you add in long holidays in the caribbean, purple velour shell suits, with lurid hair to match, lots of bling and unfeasibly high gold sandals.

However, rather than my frittering away my kids inheritance, my old age will be funded from ever renewing wealth, because I will have finally graduated in Financial Intelligence 101 by then.

I’ll come back to the kids inheritance later.

How can you train your brain to think in a Financially Intelligent manner? I like to think of Financial Intelligence as a platform on which you build your wealth. And like any platform, it needs to have a sturdy support, which I think of as….The Four Pillars of Financial Intelligence .

PILLAR ONE

Pillar One is “Managing Your Mind” where you discover where you are now financially, your family history with money, where your beliefs, behaviours and attitudes to money have often come from.

Then you must look at your abundance versus your scarcity thinking and learn how to monitor that carefully because that old scarcity thinking will pop up when you least expect it.

Whenever you find yourself thinking “I can’t afford it” then you need to beware! You are getting into the wrong mind set and closing yourself off to ideas.

Think instead “how could I afford it?”

PILLAR TWO

Pillar Two is “Managing Your Money” and covers budgeting, cashflow management and projections, credit management and debt busting. Knowing the difference between good debt and bad debt (and if you don’t know the difference then you need to read “Rich Dad Poor Dad” by Robert Kiyosaki fast!).

Learning how to pay yourself first rather than paying Starbucks, Vodaphone, your local curry house, Sainsburys, Egg, Total Petrol, and the list goes on

Settlement After Doctor Fails To Notify Patient Of Incomplete And Unreliable Colon Cancer Tests Results

Some people are at risk of having or getting certain forms of cancer. With colon cancer, as an illustration, people with certain conditions , with particular symptoms , or with a family history are at risk. If a person both has a family history and also has complaints of symptoms such as blood in the stool, physicians usually acknowledge that a colonoscopy is needed so as to check if the individual has colon cancer or rule it out. In addition to testing patients who are at a greater risk level, physicians also typically suggest that asymptomatic individuals who are 50 or older go through routine screening in order to spot any cancer that may be developing in the colon before it reaches an advanced stage.

Yet in order to be reliable a colonoscopy needs to be complete. It must cover the whole length of the colon. Among the reasons that a doctor might not finish the colonoscopy is poor prior preparation resulting in inadequate visualization or the existence of an obstruction which makes it impossible to pass the scope beyond the location of the obstruction. When situations like these occur the physician ought to inform the patient and suggest that the patient either undergo an alternative procedure or a repeat colonoscopy. A failure to do so may result in an undetected cancer which can grow and progress to an advanced stage prior to being detected.

One lawsuit that was documented concerned a woman who died of colon cancer in her mid forties due to the fact that her cancer was not discovered until it had already metastasized even though her physicians for years had information that she was at high risk. Look at her medical history. She had a family history of colon cancer. During the length of six years, doctors conducted three colonospies on this patient. On many occasions she continued to tell her doctors that she was experiencing pain in the abdomen and that she saw blood in her stool. At a minimum, on one occasion the woman’s blood work also showed that she was anemic. All 3 are possible symptoms of colon cancer.

The notes from 2 of the colonoscopies revealed that there was incomplete visualization of the ascending colon and cecum as the scope could not be passed beyond the transverse colon. Yet, the physician who conducted the three colonoscopies and followed the woman during this time kept indicating to the woman that her symptoms were caused by hemorrhoids.

The woman was finally diagnosed with colon cancer when her tumor was detected during exploratory surgery as a way to figure out the cause of her problems. A large percentage of her intestines was taken out because of the cancer. Chemotherapy followed but the woman eventually passed away from the cancer. As a result of the physician’s failure to follow up on her symptoms in light of two incomplete colonoscopies the womans surviving family pursued a claim. The law firm handled the case was able to publisize that they were able to achieve a recovery for the family in the amount of $875,000

Physicians use diagnostic tests to discover or exclude specific diseases including specific kinds of cancers. For example, the colonoscopy is a procedure employed to find or rule out colon cancer. But the test is only as good as the accuracy with which the test was carried out. A colonoscopy employs a scope to visualize the interior of the colon so as to determine whether there are polyps or tumors in the colon

If the total colon is not visualized, as in the claim above, a physician should not count on it to exclude cancer. Doing so makes about as much sense as only listening to one of your lungs, examining only one of your eyes, or ordering only part of a complete blood count. When the patient does have cancer this may result in a delay in diagnosis that allows the cancer time to grow and progress to an incurable stage. Under such circumstances the doctor who relied on such an incomplete procedure might be liable.

Traditional Games that are Played in an Indian Wedding

Indian weddings are full of zest and joy and to make them all the more enjoyable a lot of games are played during the different ceremonies. This way the seriousness of an Indian matrimony ceremony gets lightened. These games are meant to elevate the mood and to raise affection and understanding between members of the two families.

Heres a brief description of different games played during an Indian wedding:

1. Fish the Ring
Fish the ring signifies who will rule the roost in the home front. This game is played when the couple appears as man and wife before the family gathering for the first time. In this game, the bride and groom are supposed to take off their rings and put them in a pot of clear water with rose petals in it. As both the rings settle, the newly-weds are asked to churn the water as enthusiastically as possible. After they take out their hands out of the water, everyone looks at the water. If the bride lags behind in the game, it determines that she will be obedient wife. If the grooms ring remains in the water, he will be wrapped around her finger.

At times, the rings are placed in a pot of milk and the couples are asked to `fish`. Whosoever is able to find the ring first will always have the upper hand in the marriage!

2. Hiding the Shoes
This game is played when the couple reaches the mandap for the `pheras` and the groom removes his shoes. The friends and sisters / brothers of the bride hide his shoes. After the Pheras, when the groom gets up to leave the mandap, the bridesmaids surround him and demand an shocking sum of money in exchange for his shoes. Then the friends and brothers of the groom beg and plead to give the shoes back and to reduce the sum of the money asked. After the stupid arguments, the groom pays the ransom and is allowed to put on his shoes.

3. Going Home
This game is played at the grooms house. The entrance of the house is blocked by the sisters of the groom to welcome the bride. The sisters pretending to be helpful point out a covered heap to the bride. They ask their sister-in-law to bow her head to it before entering. The bride, who is already nervous and anxious, obliges and dutifully bows her head. After befooling the bride, the cover is pulled off to expose a pile of old footwear cleverly arranged in a mound.

This ceremony does have a purpose – with this laughter, the ice is broken and the new bride feels more comfortable and finds a roomful of friends.

4. You Touch My Heart
Another game that is played during a wedding is You touch my heart. This game is mainly enjoyed by the women on the brides side. In this game, several round slots are made with a saree, which is wide enough for a hand to pass through. The saree is held lengthwise and bride and bridesmaid stand behind it stand. All the girls in the room thrust their hand upto the wrist out of the holes. On the other side stands the groom and from there he is only able to see an array of hands. The main challenge for him in this game is to search for his bride`s hands and he gets three chances for it. If he fails in the game, he has to pay a `fine`.

While, the celebrations have been constantly changing through out the institution of marriage and society, there are certain ceremonies and rituals that had been constant in marriage mantras. And such games make the ceremonies all the more pleasurable. They not only add fun to a marriage ceremony but each game aims at bringing the bride and the groom and their families closer. Not only this, they also make it easier for the bride and the groom to get comfortable with each others family and friends. Thought these days, many new games are coming for the bride and the groom to play together but some of the traditional games are still played religiously in many Indian weddings.

Mediation – Stages of Mediation

Mediation will usually happen in five different stages;

1) The initial meeting
2) Joint meeting
3) Working with the mediator
4) Evaluation of the mediation
5) The settlement

The initial meeting is where each party is assisted by a mediator in exploring and clarifying the issues and feelings involved and decide if mediation would be a positive option in resolving the difficulties. The Joint meeting will start the parties concerned in the dispute by working towards and create a workable settlement or agreement about the future. This meeting will build a mutual understanding of the parties ongoing working relationship. The acting mediator will need to interact constructively with the parties while at the same time be completely impartial at all stages even within the parties company. Evaluating the mediation process would look at the contribution and results that both parties involved have given with a concept of improving the relationship for both parties interest. It will then be vital to ensure that both parties have recognised that they have developed various new techniques to resolve disputes through mediation which could be very helpful in relation to work in the future.

Every mediator will conduct the mediation process differently, it all depends on the mediator, the dispute and the parties involved. There are generally some key stages which help to set out the basic structure of the mediation process. A mediator would be appointed by both parties who have agreed on the choice, this is usually done either independently or through their personal legal advisers. The mediation date would then be set by both parties with an agreed neutral place for the mediation to take place. The venue should have at least three separate rooms so private discussions can be held, one for each party to the dispute and one room that is used for the face to face negotiations between parties.

The mediator should receive all documentation and a case summary from both parties before the mediation can take place. This allow the mediator to be ready for the mediation and should allow them to understand the dispute more fully. The mediator can also contact both parties or their legal advisers before mediation begins in order to clarify any points about the case. Mediation is an informal process, but all involved will have a legal duty to sign a mediation agreement that states the basic rules and procedures that will applying to the mediation process.

On the mediation date, each party will have an initial private meeting with the mediator followed by a joint meeting with both parties and their legal advisers. This allows each party to share their own views and point out the main issues that they have. Once this has happened there is a session of private and confidential meetings that take place during the day, these meeting will generally consist of the mediators seperate meetings with each party that look into the main issues in order to completely understand both parties needs. Towards the end of the day, the mediator will encourage the parties to start constructive and fair negotiations.