there are children concerned , it is likely both of you will need to continue to communicate until the children are adults meaning it could be quite tricky if you get off on the wrong foot .
Why should I bother with Mediation when I can just apply for a Court Order ?
This is a question I am commonly asked by clients as a Solicitor . Being a Mediator as well , I am conscious that Mediation can offer separating couples a platform to ‘ iron out ’ their differences in a straight forward and direct way , with the assistance of an independent third party ( the Mediator ). There is no need to wait days on end ( if , for instance , the solicitor on the other side isn ’ t as robust and swift as we are !) for a substantive response about the immediate arrangements for your children or your finances . Mediation can provide answers in a safe and structured environment and should be a method of resolution considered by all ( providing the circumstances are right ) separating parties .
So what is Mediation and how might is work for you ? Here are the answers to some commonly asked questions ;
What is Mediation ? Mediation brings together both parties to discuss any issues and arrangements that need to be made following the breakdown of a relationship . You essentially lead the way and the topics discussed will depend on what is most important to you and your particular circumstances . It essentially cuts out the middle man and allows you to put forward your ideas and views about a particular subject , face to face , without the fear that one party might exert control over the other / the situation . You can also have a ‘ trial period ’ of ideas to see how they might work in operation before a conclusion is reached . Mediation is confidential and if an agreement is reached , a document will be prepared to confirm the agreement made . In respect of financial arrangements , it will be open for either party to consult a solicitor to draft the agreement into a Consent Order , which can then be filed with the Court for approval . Until an Order is made in this way , anything agreed via Mediation is not legally binding . Both parties can obtain legal advice alongside the mediation process to ensure what they are proposing is fair and reasonable .
Why should I bother if it is not legally binding ? Before making an application to the Court to decide on either the arrangements for a child or to settle the finances , it is a legal requirement that Mediation has to have been trialled before an application is made . The aim is to have only those cases which really cannot be resolved via negotiations in the court arena .
Trialling Mediation , providing both parties are entering with the intention of trying to reach a resolution and not just as a means to make an application to the court , often enables parties to remain more amicable through an already difficult period , which is often a more positive experience for the family as a whole . In circumstances where
What if I agree to something and then change my mind ? Nothing agreed during Mediation is legally binding , so you are free to change your mind if you so wish . Clearly , this is a plus or a negative depending on whether you are on the receiving end of the change . If you are the person on the receiving end , depending on the time lapse , it should be open to you to make a direct application to the Court for determination of the issue . Therefore , it does not necessarily bring you back to square one and the likelihood of changes being made are quite rare .
How long will it take ? The amount of sessions you need will depend entirely on your particular circumstances . You lead the discussion and what you would like to resolve , therefore , you could reach a satisfactory conclusion within two sessions or it could take several sessions . The timetable can be dictated by you and if it becomes apparent that an agreement is unlikely to be reached , the mediator should call it a day and recommend you seek legal advice .
How much will it cost ? Again , it is entirely dependant on how many sessions you have . As Mediation tends to benefit both parties , the cost is generally split equally between you . However , it is entirely down to you to agree alternative arrangements with your ex partner . Many Mediators publish their costs on their website . Mediation is generally one of the cheaper forms of resolution . As a guideline , Mayo Wynne Baxter currently charges £ 200 per hour plus VAT , to be divided between you , and most session last for approximately 1.5 hours .
How do I find a Mediator ? Mayo Wynne Baxter has several trained Mediators who are also Solicitors and understand the legal process involved in complex family matters . Alternatively , there are six organisations that Mediators belong to , with the most common organisations being the Family Mediation Association and The Law Society .
Together , the six organisations are known as The Family Mediation Council . Details of Mediators registered with each organisation should be visible through their websites .
By Tia Clarke
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