Divorce or separation is a stressful time for both of a couple. It is generally better if you can sort out arrangements for the future by agreement. No matter how much a couple tries to remain friendly, separation is a sad event. Mediation helps a couple to identify the problems or issues, even though each person may have a very different view of those issues. Mediation is here to help you, as a couple, find a sensible and practical solution that you both agree is “fair”.
A mediator is an impartial person, who will help a couple explore and discuss the issues that have arisen between them. If an acceptable solution is reached your lawyers can advise upon the appropriate legal formalities which may need to be taken to ensure that the agreement is legally binding. Your lawyer can also, if necessary, provide you with partial advice in between mediation sessions so that you feel properly informed and at ease during the mediation negotiations. Mediation can be a far more cost effective way of resolving disputes, than approaching the legal route first.
Resolution mediators undergo thorough training and are specialist family lawyers. The majority of Resolution mediators are practising solicitors. By seeking the assistance of a Resolution mediator, you will benefit from his/her mediation skills and an in-depth knowledge of the law. This can be invaluable in all areas of dispute; issues about where and with whom children are going to live; financial matters; divorce and separation issues; in fact the whole range of family disputes. Resolution mediators usually mediate alone, but can, if you prefer, mediate in tandem with another mediator. Sometimes, the other mediator is also a trained counsellor which can be very helpful when child issues are being discussed and when emotions are running high.
Resolution mediators are trained to ensure that discussions take place with each person feeling able to negotiate on an equal footing. Couples are encouraged, in mediation, to set an agenda and will be assisted by the mediator in providing a focus and structure to the discussions. They do not make decisions or give legal advice.
If issues regarding children are being discussed in mediation, a couple may need to attend 4 or 6 mediation sessions (which usually each last 90 minutes). There is no minimum or maximum number of sessions – it depends on your own particular circumstances and the issues to be decided upon.
If financial matters need to be resolved, you will both need to provide full information about your financial circumstances and the mediator will give you guidance and documentation to help you to do this. You may also wish to involve your solicitor at this stage. Mediators encourage this. Couples who use mediation to assist them in resolving financial matters often attend 5 or 6 mediation sessions.
Mediation can result not only in a saving of legal fees, but can ultimately help to reduce hostility, tension and misunderstandings between couples. This, in turn helps to foster better communications and relations in the future, which is so important to many couples, especially those with children.
Benefits of mediation
- It is confidential
- It is much less stressful than going to court
- And much cheaper
- It helps a couple regain control, rather than solicitors or the Court trying to make decisions on a couples’ behalf
- Communication is better
- Agreements last longer
What kind of issues can be mediated?
Children:-
- Where children should live and with whom
- Arrangements for the children to see the other parent
- Parental responsibility
Finance and property:-
- Help you both identify assets, liabilities, income and expenditure
- Help you identify your future needs and requirements
- Assist in working out the options and negotiating proposals for the future
- Help in checking that any proposals are realistic and can work
Any proposals, whether they are for children, the future of the relationship or money, will be written up in a detailed document known as a ‘Memorandum of Understanding’. This helps your solicitor draw up the binding agreement for approval by the Court – remember that mediation is not binding until the Court has approved an order.
Mediators can also help couples restore the lines of communication
Cost
The hourly rate for mediation is £200, plus VAT. Each session usually lasts 90 minutes. It is important to remember that mediation is a cheaper way of resolving conflict than resorting to lawyers in the first instance – mediation fees are usually shared by the couple.
The charges cover the cost of the mediation sessions and the administration costs only. Each mediator will undertake substantial preparation for each meeting. The detailed ‘Memorandum of Understanding’ and other associated documents are charged separately, at the same hourly rate.
If you would like to take advantage of our Mediation Service, please complete the below form. You can either return it online to mediation@daltons-law.co.uk or print and post it to us here.
Visit: www.lawsociety.org.uk and www.resolution.org.uk
If you are interested in knowing more about our services please contact us on 01730 262816 or email: enquiries@daltons-law.co.uk.
Our full contact details are here.
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