Mediation

The family law solicitors at JMW are dedicated to supporting you through the process of mediation, offering advice and guidance at every stage. We also offer mediation services to help you and your family efficiently and satisfactorily through your dispute. We are greatly experienced in all aspects of mediation services and can help you secure the outcome you are after.

To find out more about our services and how we can assist you and your family, get in touch today. Simply call us on 0800 652 5577 or complete our online enquiry form and a member of the team will give you a call back.

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Mediation Explained

For many families, mediation offers a productive, non-confrontational way of dealing with disputes and can be an alternative to the court process. It is a voluntary process through which separating couples aim to work together to resolve issues that are in dispute. These could include:

  • Future care arrangements for children
  • Dealing with a financial settlement associated with a divorce or civil partnership dissolution

The mediator will be a specially-trained professional, usually a family law solicitor. They are independent of both parties and act as a facilitator rather than a decision-maker. Through a series of meetings, they will work with you both to identify which issues are in dispute and seek to find common ground. They will also set 'homework' for you where there is a need for further information; for example, obtaining details of your financial situation if you are working towards a financial settlement.

In many cases, mediation is a successful method of resolving disputes following the breakdown of a relationship. It can also save time and money by avoiding the need for litigation.

How We Can Help

At JMW, our family law experts are dedicated to helping you through the mediation process. We can provide you with guidance before and after mediation meetings to help you decide what is best for you and your family. We can assist you with compiling financial data and any other information required by the mediator. We can also provide mediation services.

If you have reached a financial agreement in mediation, we will work with you to ensure that it is turned into a valid financial consent order, which can then be presented to the court for approval within the divorce or civil partnership dissolution proceedings. Until this has happened, no financial agreement you reach within mediation is final, binding or enforceable.

Our Mediation Services

At JMW, we are also able to offer expert mediation services.  As well as being an experienced family law solicitor, senior associate Gianna Lisiecki-Cunane is trained to act as a neutral mediator. Her charges are as follows:

Mediation - Price per person, per hour: £130 inc VAT

The number of sessions necessary to achieve a resolution will depend on the issues in the case and the level of complexity. Typically, a minimum of between three and five one to two hour sessions will be needed.

We do not have a contract with the Legal Aid Agency to provide mediation services.

FAQs

  1. Do you have to go to mediation before you go to court?

    It depends. In most disputes regarding financial settlements on divorce or issues relating to children, you cannot make an application to the court until you have attended a Mediation Information and Assessment Meeting or MIAM for short. Mediation is a voluntary process and no one can be forced to take part in discussions. However, the court process is set up so that most applications (e.g. an application for a financial remedy, formerly known as ancillary relief) cannot be made unless the applicant has attended a MIAM to at least find out about mediation even if they do not go ahead with it.

    At the MIAM, the applicant will meet with a mediator, on their own, and will be given information about the process of mediation. The mediator will assess whether the case is suitable for mediation, in the event the applicant wishes to proceed.

    In certain situations, a person considering making an application to court will not be required to attend a MIAM. This includes cases where there is evidence of domestic abuse, where there is no mediator available within a certain distance of the parties or where there is an urgent need for court intervention (e.g. if there is a threat to a child's safety).

    You do not have to attend a MIAM before beginning divorce or dissolution proceedings or if you are simply asking the court to approve a financial consent order.

  2. My husband and I have agreed arrangements for the children but are stuck on a few points about the money. Could mediation help us?

    Yes. Mediators often help couples who have agreed many aspects of their separation but have reached an impasse on others. The mediator will work with the couple to find out what remains in dispute and look for common ground to try and find a solution on which you both agree.

  3. What is mediation?

    Mediation is a form of dispute resolution in which a specially trained mediator, often a family lawyer themselves, facilitates discussions between separating parties in order to help them resolve any issues they may have. If financial matters are under discussion, the mediator will agree a timetable and format for the exchange of financial disclosure and help set an agenda for trying to agree a financial settlement.

    Mediation is not relationship counselling and the aim of the process is to find a way of dealing with the various issues that arise when a couple separates, not to seek a reconciliation.

  4. I am worried that if I go into mediation I won't be able to take legal advice. Is this true?

    No. It is very important that anyone going through mediation has the opportunity to seek advice and support from their own solicitor. Although the actual meetings will usually only involve the separating couple and the mediator - who is neutral so cannot give legal advice - there is no reason why you cannot take legal advice whenever you feel it necessary between sessions. Often someone will meet with their solicitor before a mediation session to get a clearer idea of their legal rights going into negotiations and then catch up with their solicitor afterwards to 'debrief'.

    In addition, where financial settlements on divorce or civil partnership dissolution are concerned, it is really important that any agreement reached in mediation is turned into a properly drafted financial consent order that is then submitted to the court for approval. Unless this happens the agreement will not be legally binding.

Why Choose JMW?

We are highly experienced in all aspects of mediation and will provide the assistance you need to help you through the mediation process. We are committed to helping you reach a satisfactory conclusion and will support you at every stage.

We are also able to offer expert mediation services to help you ensure the right outcome is reached. Our team is highly approachable and renowned for getting the right results for our clients.

Talk to Us

If you would like more information on the mediation process, contact JMW today on 0800 652 5577. Alternatively, fill out our online contact form and we will get back to you as soon as we can.

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