Mediation is a professional service designed to help you find solutions when going through separation or divorce, or parenting arrangements if you are already separated. The mediator helps you tailor arrangements specific to your family or couples needs, working through all possible options and supporting the development of a plan for the future.
The most common concerns for clients usually reside around parenting arrangements for children, working out how to find housing solutions and agreeing how to share assets including investments, businesses, pensions etc.
The mediator also prepares key documentation reflecting the agreement reached. This then underpins the legally required documentation of divorce consent order applications, separation agreements or parenting plans.
As well as achieving a satisfactory outcome in circa 80% of cases it can also enable clients to move on with a healthier level of communication and a desire to work in closer collaboration in parenting their children.
Other Key Benefits
- Avoids the adversarial nature of the court system
- You and your partner decide the final outcome as opposed to a judge
- Mediation is complimented with the support of solicitors
- Mediation on average takes a quarter of the time from start to finish compared to the courts
- Contested court proceedings can be as much as £40k per person
MIAM (Mediation Information and Assessment Meeting)
These are individual meetings where you meet the mediator who explains more about the mediation process. It is also an opportunity for you to explain your current situation and wishes for the future. This lasts approximately 45mins
If after the MIAM, you or the mediator believe this approach is not suitable, or the other party involved is not willing, you will be provided with a form signed by the mediator. This is proof that you have considered mediation and without it an application to the court will not be possible.
This form will also be provided should mediation break down or some issues are left unresolved and an application needs to be made to court. Forms for Court (C100 and Form A will be available)
Each mediation session lasts around 90 minutes. The mediator will help facilitate the setting of the agenda and then the discussion around the key areas. In exploring these issues, it requires an iterative process in order to reach an understanding that both parties find acceptable.
With All Issues Mediation (covering property finance and child arrangements) or Finance and Property only, the average number of meetings is usually between three to five, to reach an agreement.
As part of this process you will need to provide specific financial documentation to complete an open Financial Disclosure. The mediator will then set this information out so both parties can see existing assets along with monthly income and expense budgets. This process will help you work through future needs and how this might be achieved.
After each session the mediator will provide an Outcome Summary reflecting agreed actions.
When final proposals are reached the mediator will produce a Open Financial Summaryand a Memorandum of Understanding, which sets out the agreed proposals in detail. The mediator will explain how the proposals can become legally binding.
In the case of Children’s Issues and Parenting Arrangements, the average number of meetings is usually two to three.The Mediator will then draw up the final version of the Memorandum of Understanding – Parenting plan.
Child Inclusive Mediation
As part of the process the mediator may recommend that a confidential session with the children of the couple could be beneficial. This is intended to give the children a voice. Whilst the parents have ultimately responsibility for any decisions, understanding the children’s wishes and helping them feel part of the process can lessen conflict and make it easier for the whole family going forwards.
- MIAM – 45 minutes: £85 per person (note this will include the forms for the court if required)
- Mediation – 90 minutes: £180 per person (includes the cost of the outcome summary per session)
- Memorandum of Understanding with Open Financial Disclosure (All issues or Finance and Property) – 120 minutes: £180 per person
- Memorandum of Understanding (Parenting Plan only) – 60 minutes: £85 per person
- Child inclusive mediation – 60 minutes: £85 per person
What clients say…….
“The mediator helped me see a way forward.”
“I didn’t see our options until we sat down and worked these through with the mediator, it’s now much clearer and we have choices.”
“I could not see how we could sort out our housing, the mediator helped us find a way of providing two homes.”
“I could do shuttle mediation in the beginning, I didn’t need to see my ex-partner until I was ready.”
“Our children were able to have a private meeting with the mediator, they shared their worries. There was a noticeable difference, the children really benefitted from having a voice.”
Come and see us…
We are more than happy to give advice on which counselling is most suitable for your needs. Why not contact us to and arrange an initial appointment?