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Mediation procedure at this firm
Family mediation is a confidential process in which a trained impartial mediator helps a couple to examine and consider any issues that they may wish to resolve in the context of separation or divorce and to try to reach mutually acceptable terms for settling those issues.
It is undertaken under the family mediation Code of Practice of the Solicitors Family Law Association (SFLA - now known as Resolution), usually as a sole mediator, but sometimes with a co-mediator who may either be another solicitor-mediator or a professional with experience in marital and family work. Mediation provides a supportive, professional forum in which a couple can be helped to deal with all issues arising on separation and divorce. This may include the practicalities of separation; the future of the relationship and where appropriate the question of divorce; arrangements for children; housing, property and capital adjustments; maintenance and finance generally; and any other issues which either party may wish to raise.
The mediator assists the couple in examining any of these issues as required, exploring options for dealing with them, and trying to find the couple's own solutions. This will include assisting in getting proper financial disclosure so that decisions can be made on a properly informed basis, and looking with the couple at relevant implications of that disclosure. The mediator will inform the couple if in his or her opinion any proposed terms fall outside of the limits of what a court would approve. Subject to this, the mediator will neither impose any terms (for which he has no authority in any event) nor make any personal recommendations, rather using his or her skills and experience to help seek workable terms that both parties accept.
Mediation is ordinarily undertaken with the couple in joint meetings, though exceptionally there is a supplemental process available, in which the mediator will have separate meetings with each party (and commonly in this event, also with respective solicitors in attendance). In this event, special arrangements will be discussed and agreed with regard to the way in which confidentiality and other arrangements will apply.
If solicitors are acting for the parties, they do not usually attend mediation meetings; but in some circumstances, if both parties agree, they may be invited to do so. Solicitors may advise their clients between meetings, as the mediation progresses: whether this is required will usually be discussed in the mediation. Parties will not be required to reach any complete and binding agreements in the mediation without having had the opportunity to review matters with their own solicitors. Summaries of financial information and of the settlement proposals will be furnished to each of the couple for this purpose as required. ____________________________________
Mediation time and cost
Mediation sessions generally last 1½ hours each. The number of sessions will depend on the issues: 5 or 6 sessions are not uncommon, but more or less may be needed. They may take place at approximately fortnightly intervals or as otherwise agreed. The costs are agreed at the beginning of the sessions.
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