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Financial Entry Protocol to Safetrack Mediation

Specialist Secure Controlled Rapid Resolution Service

Specialist in Separation and Inheritance Matters

 Avoid or halt proceedings in the Family and Chancery Court

Safetrack Mediations can be applied to a Variety of matters

Contact us to discuss which Track may the most appropriate for you

INTRODUCTION

The fixed price cost structure is a fraction of the severe legal and court fees typically incurred within these types of matters.  This specially constructed system is designed to address that along with other, often negative impacts, of high attrition and extended litigation.  The fees reflect the structure and skill applied to deal with the complex and serious nature of the often, high stake, high attrition issues inherent in these matters. 

 

You are purchasing a full and protective structure.  The framework of the Three Shields ensures that no person is excluded from this Safetrack resolution method where access to funds is delayed.  A person additionally has the safe shield of this system design to provide continuous protection throughout the process from inception to the final compilation of an unpickable court-ready Consent Order.  This structural process innovation is possible due to evolving Court powers and relies directly upon updated judicial enforcement guidelines, which are comprehensively detailed within our Document of Reliance, which is included within our Pre-Mediation Pack and can be read on our website as the Q & A information section https://www.isleofwightmediation.co.uk/q-a-and-legal-precedent

 

This Safetrack Mediation system is designed to transform the litigation process and experience for the client.  Currently, the only alternative available in complex, high attrition matters, is to endure years of adversarial courtroom drag, often immense psychological trauma, and a severe loss of capital.

 

Our chronological secure vault process can be dynamically applied to part or all of your Family or Chancery Matter.  You can entirely prevent legal proceedings and wranglings between solicitors; or litigation has commenced and halt the process; or commence the resolution process during an active court stay.  You may use our Twin-Track Mechanism which provides an additional fast track for urgent issues to be addressed and is highly suitable given the gravity of these matters.  (For example, to urgently resolve housing separation or provide an immediate cash lift).  This Twin Track therefore provides for urgent resolution on certain matters.  This urgent track then transitions into commencement of the full 31 day Safetrack Mediation in order to achieve resolution on the remainder of items.  Once commenced, the 31 day Safetrack provides all participants with a 72 hr Stop and Pause break enabling them to “take breath” and step back before commencing with the blocks of items to be agreed.  Whichever route is taken, the result will be an unpickable complete court ready document to form your Consent Order.   

 

We provide additional flexibility and thus accessibility to all participants through our carefully considered deposit and staged funding schedule.  This protocol rapidly secures a dedicated Safetrack Mediation slot on our capped monthly schedule, allowing for planning on full fee funding, while simultaneously providing immediate significant deterrents, which are applicable throughout should a participant choose to default on the terms of engagement within the Safetrack Mediation process.

 

FIRST ITEM, FIRST BLOCK   

The chronological secure vault structure recognises a frequent urgent need for cash payment to be made to one of the participants.  Therefore, item one of the agenda within the first block, always addresses finances and the distribution of available liquid assets such as income, pension drawdowns and release or splitting of available liquid assets.  An agreement is locked and secured into the vault and can mean funds will be available within days.  You do not have to wait until after the mediation is complete.  You therefore may address immediate needs as well as ongoing or future needs.  This is unlike legal proceedings which tend to leave such agreements towards the end of the process after one or more Financial Directions Hearings.  A hearing is usually at the vast expense of £20-50,000 each in order to achieve a financial directions order.  Settlement of funds may come two years or more after commencement of legal proceedings.  This can often leave a participant in a very difficult position throughout the proceedings whilst waiting for settlement.  Safetrack Mediation Terms and Conditions state that our full fees will be settled from the first liquid funds release.  This removes the stress and fear surrounding payment of mediation fees, legal fees or other costs, and ensures that the mediation process will safely complete within the fixed allocated time and produce a secure final agreement for rapid conversion into a consent order. 

 

Where there are other vitally important issues within Family or Chancery proceedings, or HMRC deadlines, these can be included in Block Two as a second item.  If it is deemed urgent for one, two or three matters to be addressed immediately, you can select the Twin Track and use the accelerated 14 working day Safetrack first, in order to achieve a court order finalised at the end of 14 days. 

 

Our Funding Shield mechanism ensures deposits, or all fees, will be initially paid by the “in funds” person to secure the Mediation slot.  Alternatively, a solicitor’s lien may be used to cover all funds and proof of funds status must be disclosed through the solicitor before this is accepted.  Payment of Safetrack fees must be made and equalised between the participants, upon the first release of funds.   Complete payment must be prior to the release of the completed court ready agreement from the secure vault.  Failure to comply with the terms of the mediation will result in a penalty invoice of £1,250 alongside a Certificate of Default with Notice to Rectify, followed by Certificate of Discontinuation, which can be used by your solicitor to apply for an adverse costs order against the defaulting participant, irrespective of the final litigation outcome.)

DEPOSIT SAFETY     It is critical to understand that your upfront Stage 1 Deposit is never wasted capital.  The whole payment and administrative structure, from deposit and throughout, is designed to ensure a safe, secure and successfully completed mediation.  Whether the track proceeds to final agreement or collapses due to a procedural default from a defaulting party, your initial deposit activates a Three-Stage Document Shield that provides immediate legal and financial leverage

  • PHASE 1: PRE-ACTION OPENING: Your deposit immediately funds a review of your file and the despatch of the Pre-Mediation Pack alongside the formal Notice of Intent to Mediate served simultaneously to all participants and instructing legal desks. This legally establishes your good-faith compliance with current judicial ADR mandates from Day 1.

  • PHASE 2: THE INTERIM DEFAULT VERIFICATION: Should the invited party fail to meet their 14-day funding or compliance gates as clearly laid out within the Pre-Mediation Pack, our Safetrack Protocols automatically issue an interim Certificate of Default & Notice to Rectify.  Sent directly to their solicitor, this grants a strict 7-day moratorium to cure the breach, proving to a reviewing Judge that they were afforded every reasonable opportunity to resolve the dispute locally.

  • PHASE 3: THE COURT COST EVIDENCE BUNDLE: If the default is not rectified within 7 days, the track permanently closes, and we deliver an independent, court-ready Certificate of Discontinuation due to Non-Rectification.  This file is delivered with our binding Terms of Engagement and an enforceable £1,250 Case Disruption Invoice registered solely against the defaulter.  Should you decide to proceed to an application for an Adverse Costs Order, your solicitor is required to include this entire package within your very first Court Application, enabling your legal team to confidently petition the Judge to order the defaulting party to pay all your wasted legal fees and directly reimburse your initial deposit.

 

Symmetrically, if the track proceeds successfully, 100% of your Stage 1 deposit is deducted straight from your final balance, meaning your front-end payment is completely risk-free and all costs are recoverable whichever way your mediation concludes.

It is also important to note that under our Funding Shield, whoever initially funds the commencement of the mediation and whether or a not a lien is used, the fees are equalised so that no participant pays more fees than another.

Per Person 

Safetrack Full Fee  (31 or 14 working day|) Staged payments       

£5000

 

Stage 1

Initial non-refundable intake deposit secures mediation slot and triggers the immediate despatch of the Pre-Mediation Pack with Notice of Intent to Mediate, to all participants and solicitors

£750

Stage 2 

Full Deposit of £2500 being 50% of the Safetrack fee (less initial deposit paid) payable within 14 days of receipt of Pre-Mediation Pack and 21 days prior to Mediation Commencement Date. 

(Includes Notice of Intent to Mediate, invoice and Terms & Conditions stating a default will incur an administrative penalty fee of £1,250 with Certificate of Default & Notice to Rectify sent to solicitors.  Failure to rectify will result in a Certificate of Discontinuance.  This bundle will be used where a petition for an adverse costs order is made and where the penalty fee and deposits paid can be fully claimed alongside any application for legal costs).

£2500 less £750 where participant paid intake deposit - £1,750

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First Mover Billing Protocol – Invited party must pay their full deposit within 14 days before inviting party pays  £2500

Stage 3 

Balance of £2500 to be paid by day 27 and strictly prior to the administrative release of the full court-ready agreement from the secure vault

£2500

Total Exact Fee paid by each participant - £5000

Full settlement of fees must be made from the first release of liquid funds or asset liquidations.  All accounts and advanced payments will be strictly equalised, including the Stage 1 intake deposit, ensuring that each individual participant pays an equal fee of £5000 exactly.

 

Upon release of the full agreement from the Secure Vault, this will not require any further time to review.  It  will have already been agreed by you and your solicitor when locked into the vault.  The full agreement will be sent over to you and your solicitors simultaneously with instructions to immediately convert into the necessary Consent Order (as this can now be done online easily) and providing a four to five working day window for their legal office to achieve this.  As per the terms of the agreement, they will be asked to confirm this has been done and secured within the 31 days completing the mediation.

No additional charge

SAFETRACK 5 WORKING DAY

£1,250​ Flat fee for two people - £625 pp.  £570 per additional participant  (individual or corporate representative)

Operational Suitability

This 5 day shuttle track is strictly restricted to the following conditions and may be available where : 

~  Instructing solicitors and formal legal proceedings are not actively involved

~  Solicitors are consulted for general advisory purposes, but no legal proceedings are underway and the underlying matter is deemed sufficiently straightforward enough to warrant this track

~  A robust behavioural agreement is required or single issue without the need for complex discovery, disclosure or expert opinion

~  An alternative to face to face joint mediation if deemed not suitable or desired where the matter warrants

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To ascertain the correct suitability of a Mediation Track, please call for a free discussion

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