Collaborative Family Mediation

We help separating or divorcing couples work out their arrangements for the future. We offer a 20 minute free consultation to help you assess your options.

We help separating or divorcing couples work out their arrangements for the future. We offer a 20 minute free consultation to help you assess your options.

We understand that mediation is your process and will endeavour to assist each and both of you to resolve your family matter in a way which will benefit the family as a whole.

We are members of Resolution, an organisation of family lawyers and other professionals who believe in a constructive, non-confrontational approach to family law matters. We are committed to following Resolution’s Code of Conduct.

Our mediators are also practicing solicitors and members of the Law Society's Family Panel. Our legal knowledge and expertise is invaluable in helping to guide you through the process. Whilst we cannot give you specific legal advice, we are able to provide general legal information to both of you within the mediation, if this is appropriate, and can make helpful suggestions. This is where our legal expertise and knowledge will be hugely beneficial to you.

WHAT IS FAMILY MEDIATION?

Mediation is a voluntary and confidential process designed to assist you and your former partner in reaching an agreement about your arrangements for your children and any financial matters between you.

The aim is to reach an agreement that you are both satisfied with. Mediators do not take sides or make judgments; they simply help to facilitate discussion between you.

Mediation can help in the following areas:

• Arrangements in relation to children i. e. where they will live and how much time they will spend with each parent. You might find it beneficial to discuss parenting arrangements or even prepare a parenting plan with the help of the family mediator.

• The financial issues arising out of your separation. This can include the family home and other assets.

• How you and your former partner or spouse will communicate in future.

Children Mediation

We can assist you both in discussing the arrangements in relation to your children. This can include the following:

• How much time they will spend with each parent and how this will work
• Where the children will live
• Agreeing parenting in the future
• Education and religion
• Differences in parenting style
• Communication between parents
• Child support

Financial Mediation

The financial impact of your separation will undoubtedly cause you to be anxious. We assist former partners to make a full disclosure of their finances and set this out in a format acceptable to a court.

We will assist in identifying your assets, liabilities, income and expenditure. We will then produce a document known as an Open Financial Statement. This will assist you both in exploring the options which may be available. We will assist you to negotiate and agree proposals for the re-distribution of your finances, including the family home, other properties, mortgages, bank and savings accounts, vehicles, shares, valuable items, businesses and pensions and so on.

We can also assist in the discussion of child maintenance and assist you in reaching an agreement.

The proposals you have agreed will be written into a detailed document known as a Memorandum of Understanding. This document will then be used by your solicitor to draft a Consent Order which will be lodged with the Court for approval by a Judge. Once the Consent Order has been approved by the Judge, matters will be finalised and legally binding.

"All Issues" Mediation

The term "all issues" mediation simply refers to a combination of both children and financial matters, as set out above.

BENEFITS OF MEDIATION:

• Is a voluntary process which means that separating couples are empowered to make their own decisions which can improve relations in the long term
• Is quicker and considerably less expensive that legal proceedings
• Is a non-confrontational and amicable process
• Enables couples to examine and explore the options open to them in a confidential setting
• Assists couples in making informed decisions
• Facilitates communication and cooperation

THE MEDIATION PROCESS

There are three stages:

1. Assessment Meeting

Although mediation is a voluntary choice, since April 2014 most people engaged in family court proceedings are required to attend an initial meeting (a Mediation Information and Assessment Meeting sometimes referred to as a ‘MIAM’) to find out about the ways in which it is possible to sort things out away from the courtroom, including whether mediation is suitable for them.

This meeting is to explain the process of mediation and to give you an opportunity to ask questions as we want you to be comfortable with mediation. It is also important to assess if the issues are suitable for mediation. We will then contact your partner and have the same conversation with them.

If you decide not to mediate, this stage is necessary if you want to go to court, as the court will expect a certificate from the mediator before you start proceedings.

2. Mediation Sessions

After the initial meeting, mediation between separating couples can work in several ways:

Joint Mediation – Both parties attend the same mediation session with the same mediator. We recommend joint mediation where possible as it is the most cost effective solution and normally produces the quickest resolution.

Shuttle Mediation - When communication has broken down, both parties attend a mediation session at the same time but sit in separate rooms with the mediator ‘shuttling’ between them.

Co-mediation – Both parties attend mediation sessions with two mediators being present
We will discuss the format of the mediation meetings with you to ensure that you are happy to proceed.

At the first session you will discuss the issues you wish to mediate. The areas of mediation can be to discuss the arrangements for your children, financial matters and property. These sessions are 1 hour and 30 minutes long and it is common to have three to five sessions. Matters only involving children can sometimes be resolved in two to three sessions. Matters involving finances (with or without children) will usually take three to five sessions depending on complexity and what the issues are between you.

The frequency of appointments is for you to decide and depends on the time you both need between sessions to think, look at options and obtain further information.

3. Finalising the Mediation

At the end of the mediation process you will be given a document setting out your proposals and a copy of your financial disclosure (if appropriate). You may then take these to a solicitor to put the proposals into a legal and binding format such as a Consent Order. You can always have the option to return to mediation at any time in the future.