What is mediation?
Mediation is a form of Alternative Dispute Resolution used to settle a dispute away from court. It can be used to settle many different disputes including those concerning arrangement for children following a separation and financial matters. It is entirely voluntary and requires both parties to engage in the process with an open mind. The parties would often provide each other with some preliminary information, in the case of a financial matter, this may be an exchange of financial disclosure, and then the role of the mediator is to facilitate discussions to help the parties reach a mutually acceptable settlement. Mediation can be tailored to fit the situation so if the parties are willing everybody can all sit in the same room to discuss matters or there may be shuttle mediation whereby the couples sit in separate rooms and the mediator moves between them relaying messages and opening up the discussion.
Mediation can be advantageous in many ways as it can be quicker and less expensive than court based resolution and it allows the couple to reach an agreement they both want rather than a decision being imposed on them by a court. However, they do require co-operation and openness from both parties. Couples can attend mediation without solicitors but solicitors can attend if both parties agree. It is also common to have solicitors representing clients in the background so that they understand their legal positon and consequences of the settlement they are negotiating.
Related FAQs
Put simply, if it is a requirement of a particular role that PPE is worn, then this should be provided to the employee. If an employer dismissed an employee for refusal to carry out their role due to lack of PPE then this is likely to be an automatically unfair health and safety dismissal.
Furthermore, anyone who is subject to a detriment as a result of raising a health and safety concern, e.g. someone in this situation who refuses to work due to lack of PPE and is sent home without pay, will also have a potentially valid claim in the Employment Tribunal for that detriment, even if they are not dismissed.
It has now changed. Instead of being 3 weeks, it is now technically any period. However, 7 days is the minimum claim period you can now make.
Certain criteria need to be met to divorce in England and Wales. These criteria are generally based on where each party lives or is domiciled and how long they have lived in England and Wales. If you ex lives abroad, the more common grounds used are:
- That you were both last “habitually resident” in England and Wales and one continues to reside here
- That you are “habitually resident” in England and Wales and have resided here for at least one year immediately before applying for a divorce
- That you are “domiciled” and “habitually resident” in England and Wales and have resided there for at least six months immediately before applying for a divorce
- That you are “domiciled” in England and Wales
The test for whether you are “habitually resident” or “domiciled” for the requisite period of time can be quite fact specific so it is always best to seek legal advice.
If you meet the eligibility and start proceedings here, your ex may start competing proceedings abroad. In those circumstances, the court will consider where is most “convenient” and if the courts where you ex lives are found to be more convenient, it will stop the proceedings here. Convenience is fact specific but by way of example, if all of your assets are located in the country your ex resides in, it may be more convenient to base the proceedings there for ease of enforcing financial orders.
Given the impact the Coronavirus is going to have upon the commercial property market, landlords will undoubtedly, as a matter of good commercial sense, will have to seriously entertain approaches from tenants seeking a rent suspension – notwithstanding there is no entitlement to the same under their lease.
Some landlords may decide it is better to waive or suspend rental payments over the short term rather than face their tenants going out of business and leaving them with an empty building in a flat or dead market.
A measure falling short of a rent suspension would be for the tenants to negotiate with their landlord’s monthly payments of rent rather than quarterly and for those monthly payments to be in payments arrears, rather than in advance.
No, where employees cannot work from home, and it is safe for them to return to work, they should do so.