Issue 39 October 2021 - Journal - Page 20
been produced and agreed between them before the
hearing, and the barristers and judge will have agreed
an agenda for topics to be considered at the hot
With the growing backlog of cases, the courts
increasingly views claimants who do not try mediation
as a first measure to resolve a dispute unfavourably.
There is ongoing discussion about the idea of making
mediation compulsory, albeit there is a concern that
this would make it less effective and it could be perceived as a box-ticking exercise. In our experience,
mediation can be very effective in resolving disputes
even where the parties have very different views of the
financial position providing the mediation is entered
into with an open mind.
To help prepare the process and drive efficiency
ahead of the hot tub, experts should address a number of practical issues, including:
l Determining what IT platform will be used and
sharing the details with other attendees
l Receiving the court bundle before the hearing and
downloading it onto a local computer
About the author
Fiona Hotston Moore
Partner - Forensic Servic
Fiona joined FRP in 2020 as a Partner in our
Forensic Services team, she is based in our Norwich
Establishing who will attend the hearing – including assistants – and ensuring all attendees have stable
l Ensuring there is no background noise or potential
Fiona qualified as a Chartered Accountant in 1990
and as a Chartered Tax Adviser in 1991. She is a Fellow of the Institute of Chartered Accountants and
has specialised in expert witness and corporate finance work since 2000. She is a member of the
Academy of Experts, trained as a Single Joint Expert and is an Accredited Counter Fraud Specialist.
The growing prominence of mediation and ADR
Forensic experts are increasingly invited to attend
mediation, arbitration or roundtable discussions, with
an intention to assist the parties involved to reach a
settlement before it escalates to the considerable expense of a court hearing. ADR can be very effective in
reducing both the costs of litigation and bringing longstanding and stressful disputes to a conclusion.
Fiona specialises in share and business valuation cases
with particular experience in the Family Court. She
also has considerable experience in commercial disputes, tax disputes and professional negligence matters.
Not only can forensic experts add value before
mediation, in preparing documents ahead of ADR to
explain the positions to the mediator or arbitrator, and
assist the parties in understanding the strength and
weaknesses of their respective positions, they can also
assist in dealing with any accounting or tax questions
during the meeting.
Optimum Medicolegal are specialists in the rapid turnaround of psychiatric and medicolegal
reports with a premium service delivered by a panel of Consultant Psychiatrists.
We aim to provide a typical report with a turnaround time of 5 to 7 working days,
on receipt of instruction focused treatment plans can also be offered to patients.
Optimum Medicolegal have significant experience of preparing medical and psychiatric reports since 2009.
We have prepared over 3,000 medico-legal or psychiatric reports for legal firms and private
organisations. Our Expert Witnesses also have Courtroom experience.
Private rooms are available for consultations at;
St John Street in Manchester.
Harley Street in London.
Optimum Medicolegal also have multilingual experts, details available upon request
Address: Suite 202, 792 Wilmslow Road, Didsbury, Manchester M20 6UG
Tel: 0161 207 0204 Email: firstname.lastname@example.org
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