Mediation

Mediation is a way of resolving disputes and difficult issues between separating couples. Mediators are trained to help with all the issues faced by a couple on separation, or alternatively the couple can choose to use mediation to resolve specific issues between them such as arrangements for any children.

A mediator will meet with them to help the couple identify the issues on which they are unable to agree. The mediator will then work with the couple to endeavour to reach an agreement. The mediator is neutral and will not take sides. He or she will provide information about the Court process and the judicial system and can also explain the law. The mediator will not, however, give advice and will usually recommend that legal advice is obtained alongside the mediation process.

Once acceptable proposals have been achieved, the mediator will prepare a summary of those proposals together with a summary of the financial and other information supporting those proposals which will be sent to the couple individually for discussion with their lawyers. Once the couple have both received independent legal advice and if they remain happy with the mediation proposals put forward, their lawyers will convert the summary into a legally binding document and will carry out any necessary implementation.

In the event that a mediator from TWM Solicitors is instructed the couple will need to seek independent legal advice from another firm of solicitors to ensure that the mediation process remains completely impartial.

Mediation can be an extremely cost-effective way of resolving disputes as the couple pay the mediator’s fees either equally or in such proportion as they may agree. Each party will also be responsible for the fees relating to his or her own independent legal advice. Mediation can be used at any stage of the process. Once matters between a separating couple have been resolved, they may refer back to mediation should subsequent issues arise - perhaps in relation to variation of maintenance or arrangements for any children.

Separating couples who want to issue an application for the courts to deal with financial remedies linked to their divorce or differences over children will be required to attend a Mediation Information and Assessment Meeting (MIAM) before they can use the court process, unless specific exceptions apply to them. At the MIAM, the mediator will tell the couple about mediation, collaborative law and other amicable methods of resolving matters. They will not be forced to remain in the mediation process but many couples decide to do so.

For further information or advice please contact:

Michelle Fitzpatrick at our Guildford office

Demelza Patricio at our Reigate office.