Mediation is a method of  resolving most family related issues that you are unable to resolve directly  with the other party. Mediation is a conciliatory means of discussing matters openly and amicably in the presence of an independent  mediator.

Mediation can include arrangements for children, divorce finances and/or property disputes following the breakdown of a relationship.

You will attend an initial Mediation Information & Assessment Meeting (MIAM) meeting alone with the mediator. At this stage, the mediator will decide whether mediation is suitable for you . If mediation is suitable the mediator will reach out to the other party to see if he or she is willing to mediate.  If the other party is willing to engage then the mediator will set up a joint session. At the joint session you will both sit down with the mediator and set an agenda for what will happen next.

If mediation relates to divorce finances, you will be asked to exchange financial disclosure of your financial circumstances with the other party. . This will include the disclosure of bank statements, property valuations, mortgage redemption statement and pension valuations. This is not an exhaustive list and will be bespoke to each case.  The mediator will produce a summary of the figures and, based on this information  you and the other party can then discuss  your settlement. The mediator cannot give you advice during the process or provide you with an outcome.

In limited circumstances, where appropriate , shuttle mediation can take place. This involves the mediator carrying out the mediation whilst at all times the parties remain in separate rooms.

It is hoped by engaging in these negotiations in the presence of a mediator it will lead to you reaching an amicable agreement rather than you needing to resort to protracted court proceedings.

An agreement can be reached during mediation usually within four – six sessions. It is a much cheaper exercise than spending substantial sums litigating your case through the courts. It is also compulsory to attend the MIAM meeting before issuing court proceedings.

It is usually sensible to take advice before mediation begins so you understand the process and the law that applies to your case. Solicitors can also give advice during the process so that you are aware of what constitutes a reasonable settlement and the implications of what you might be agreeing to.  . Should the process breakdown we can explain the next steps open to you. If an agreement is reached in mediation it is not legally binding until a solicitor has converted the agreement into a legally binding document. We can therefore assist you at any stage of the process.

If mediation is unsuccessful, we will advise you on the best way forward and ensure you understand the costs associated with each step and option.

We have a list which is reviewed regularly of mediators whom we recommend, and we will help you choose a mediator we feel you can work with and who has the required skills to help you.

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Would you like to know more?

For help and advice, talk to a member of our team. They can advise on the best options in your matter.

Call: 01708 229 444 Email us

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