JMW’s family law team helped a client reach a negotiated financial settlement through mediation, avoiding contested court proceedings while still benefiting from specialist legal advice throughout the process.

The Case

Our client came to JMW following the breakdown of his marriage. He and his wife had agreed to explore mediation as a way of resolving the financial issues arising from their separation, but he wanted clear legal advice before entering the process.

In particular, he needed to understand how mediation would work, what financial disclosure would be required, what settlement options may be available, and how he could protect his interests while remaining committed to a constructive, non-court approach.

The client was keen to avoid the hostility, delay and cost that can be associated with contested court proceedings, but he also recognised the importance of having expert solicitors protecting his position in the background.

He chose JMW because he wanted a specialist family law team that understood both the benefits and limitations of non-court dispute resolution. Our experience meant that we were able to support the client in a way that complemented the mediation process, rather than undermining it.

How Did JMW Help?

JMW provided strategic advice alongside the mediation process, ensuring that our client felt informed, supported and confident at each stage.

Although mediation is designed to allow separating couples to discuss matters directly with the assistance of a neutral mediator, it is often helpful for each person to have independent legal advice in the background. This helps clients understand the legal framework, prepare effectively for meetings and assess whether any proposed settlement is fair, workable and capable of being approved by the court.

Our team explained the mediation process in detail, including the likely timetable, the purpose of financial disclosure, the role of the mediator and the different routes available for reaching an agreement. We also helped the client identify his priorities, understand the range of potential outcomes and approach negotiations from an informed and realistic position.

A key challenge was the preparation and exchange of full and frank financial disclosure. Our client had initially intended to deal with this himself, but once he was faced with the detailed requirements of Form E, he understandably wanted reassurance that his financial position would be presented accurately and comprehensively.

We assisted the client in preparing his financial disclosure, identifying the documents required and ensuring that the information provided was clear, complete and properly organised. We also reviewed the financial disclosure provided by his wife, advised on any gaps or issues that required clarification, and helped the client understand the significance of the financial information being exchanged.

This support enabled the client to participate in mediation from a position of confidence. Rather than feeling overwhelmed by the technical aspects of the process, he was able to focus on the negotiations themselves, knowing that he had experienced family lawyers advising him on the legal and practical implications of each step.

Once a settlement was reached in mediation, we reviewed the proposed terms in detail and advised the client on their legal effect. We considered whether the agreement properly addressed the financial claims arising from the marriage and whether any further detail was needed to avoid future uncertainty or dispute.

We then formalised the agreement into a financial consent order. This was an important step because agreements reached in mediation are not automatically legally binding. A carefully drafted consent order, approved by the court, provides certainty and helps bring financial claims arising from the marriage to an end.

JMW also liaised with the other party’s solicitor to narrow outstanding issues, refine the drafting and resolve points that had not been fully addressed within mediation.

The Outcome

The client achieved a negotiated financial settlement through mediation, avoiding contested court proceedings while still benefiting from specialist legal advice throughout.

He was able to remain in control of the process, manage costs proportionately and reduce the level of conflict at a difficult time. The agreement reached through mediation was then formalised into a financial consent order, giving the client clarity and certainty about the future.

This was a strong outcome for our client because he wanted to resolve matters constructively, but also needed to know that his position was protected. By advising on disclosure, negotiation strategy and the legal effect of the proposed settlement, JMW helped him make informed decisions without losing the benefits of a non-court process.