INTRODUCTORY NOTES

The fixed price cost structure is a fraction of the severe legal and court fees typically incurred within these types of matters.  Typically these matters are usually high value and often high attrition cases, though not always.  This specially constructed system is designed to protect the participants and address the often negative impacts of litigation.  You may be trying to avoid legal proceedings, wish to maintain amicable separation, condense or halt legal proceedings.  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 for people and assets 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 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 may then transition 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 a breath” and step back before commencing with the negotiations on 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, nor wait for a lengthy litigation process to 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.  Immediately addressing equal access to funds, removes the stress and fear surrounding payment of mediation fees, legal fees and other costs.  Addressing important issues in chronological order in a structured manner, where all information has been provided ahead, 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, which may include 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 to secure the needed outcomes rapidly, then transition over into the 31 day track which provides the time required to work through and complete the remaining items. 

All mediation fees are usually paid at least 7 days prior to the commencement of the mediation.  Where this may not be possible, 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.  Proof of funds status must be disclosed through the solicitor with bank statements including confirmation of client monies that may be held on a solicitor's client account, 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 Disruption Levy being a penalty invoice of £1,250 alongside a Certificate of Default with Notice to Rectify.  Failure to rectify will be 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.