Frequently Asked Questions - family mediation

  1. How does the mediation process work?
  2. Which issues can be dealt with through mediation?
  3. Will I need a solicitor?
  4. Will we need to disclose details of our financial position?
  5. Are the matters we discuss confidential ?
  6. How are the terms of an agreement reached?
  7. How long will the mediation process take?
  8. What will it cost us?
  9. What are the advantages of using mediation?
  10. How do we start the mediation process?

How does the mediation process work?

A mediator is totally impartial and does not act for one or other of the parties in the way that solicitors do. The mediator is not there to take sides.

The mediator works at all times with both of you to identify the key issues which arise from your separation and helps you to reach solutions that will enable you both to put the past behind you and concentrate on the future, for yourself and your family.

Which issues can be dealt with through mediation?

Your mediator can be asked to deal with all of the issues that arise from your separation, or with specific issues only. Those issues may include for example: how the home is to be dealt with; how the other assets (whether separately or jointly owned) are to be dealt with; how any joint business arrangements should be dealt with; how any issues of maintenance and or child support can be resolved; and how parenting and contact arrangements with the children of the family should be dealt with.

Some couples, for example, are able to reach an agreement between themselves, or through their solicitors, upon the financial arrangements but cannot agree upon issues relating to their children or vice versa. The mediator will deal only with those issues on which the couple jointly seek assistance.

Will I need a solicitor?

Mediation should be regarded as a service that complements independent legal advice to each party. We strongly encourage participants to take independent legal advice on any issues that may arise throughout the mediation process and on proposals worked out in mediation. Even after mediation takes place further negotiation may be needed between your legal advisers, but these should be shorter if the ground has been well covered in mediation.

Will we need to disclose details of our financial position?

Yes. Couples who seek the mediator's assistance in negotiating the terms of a financial settlement will need to be prepared to give full and frank disclosure of their financial positions. Each of the parties will be asked to complete forms giving details of their income, assets, liabilities and outgoings. Documentary evidence will need to be produced to verify those details. Where appropriate it may be necessary for independent valuations to be obtained in respect of some of the assets.

Are the matters we discuss confidential?

Your mediator undertakes not to disclose information to any other person or body without obtaining the written consent of all participants. There are some instances where the law or codes of practice impose an obligation upon the mediator to disclose information:

How are the terms of an agreement reached?

It is not the mediator's role to impose an agreement upon you. Instead the mediator will work with you to identify the issues, encourage you to think about options and then assist you in negotiating proposals with which you are both content. That way the proposals reached are yours, rather than one that has been imposed upon you by a court.

If you reach terms of a settlement on some or all issues which are acceptable to you both, your mediator will draw up a Memorandum of Understanding, reflecting the proposals reached by you both. This document is then signed by both of you if approved. Each of you is then free to take the proposals reached in the Memorandum of Understanding to your respective solicitors so independent legal advice can be obtained and the document can be converted into a binding agreement or Consent Order. If you simply wish to treat the proposals as binding upon yourselves and do not wish to pursue matters further you are free to do so. However you need to bear in mind that the Memorandum of Understanding will not be a legally binding agreement but rather a set of proposals from which an agreement can be created.

Along with the Memorandum of Understanding your mediator will produce a summary of the financial information disclosed by each party to the mediation process, together with a summary of the reasons behind the decisions reached between you so that this can be made available to your solicitors if you elect to consult them.

How long will the mediation process take?

This will depend on the complexity of the issues to be discussed and resolved. However, because matters are resolved by way of discussion, mediation can be much faster than the traditional process of resolving disputes, with the result that settlement can be reached within a matter of weeks or months. The average number of sessions is usually 2 to 4 but this should only be used as a guide.

What will it cost us ?

Vanderpump & Sykes offer an optional half hour information meeting for a fixed fee of £25 +VAT. Each mediation session will last for one and a half hours and costs £100.00 plus VAT per person. The fees will be payable at the end of each session. By endeavouring to work with your mediator rather than against each other, the considerable costs of litigation are avoided, so the overall costs incurred should be much lower than would normally be the case.

What are the advantages of using mediation?

There are many benefits to using mediation, some of them include: -

  1. It is non-adversarial. There are no winners or losers in mediation. The lengthy and expensive process of litigating through solicitors and or the court in the traditional way is avoided.
  2. It is mutual. You remain partners in the decision making. There is no settlement other than proposals which are mutually agreed upon by you both. Nothing is imposed upon you either by the mediator or by the court. The only proposals reached are those, which you reach between yourselves.
  3. You control your own decisions over your own lives. Because the only agreements reached are those which you reach together, you, rather than the court or a third party take control over your futures and those of your children.
  4. You concentrate on the future rather than the past. Your mediator will not seek to look into the reasons and rights or wrongs behind the breakdown of your relationship, but will encourage you to focus on the future rather than the past, and to develop new and separate lives, while if you have children, maintaining good working relationships as parents.
  5. It is best for your children. Your children will inevitably be affected by your separation. However since mediation encourages parents to resolve their differences and reach agreements upon all matters relating to their separation in a dignified and constructive way with the focus on the best interests of the children, your children are likely to be less adversely affected by your separation and more likely to come to terms with it.
  6. Bitterness is reduced. Because the only agreements reached are those with which you arrive at yourselves you are likely to feel more comfortable with the outcome, knowing that the agreement was made mutually between you.
  7. Legal fees are reduced. The costs of litigation can be very great. By seeing your mediator and reaching a set of proposals together the overall fees incurred are likely to be substantially less than those that would be incurred otherwise.

How do we start the mediation process?

If you and your partner/spouse are interested in discussing how the mediation process may help you, an information meeting can be arranged to consider whether mediation may be appropriate. You can attend the meeting separately or with your partner/spouse.

If you would like to make an appointment for an initial consultation, contact Karen Chapman on 020 8367 3999/ 020 8367 6252 or email Karenchapman@vanderpumps.co.uk

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