What is Mediation?
Mediation is a voluntary process that allows separated couples (both married and unmarried) the opportunity to agree any differences surrounding the end of their relationship. This can include discussing financial matters, possessions and the arrangements for the children.The process involves the couple meeting with an impartial and specially trained third party who can help them to come to an agreement and draw up a Memorandum of Understanding that is fair and acceptable to all. The process does not need Court intervention. Any agreement reached at mediation will not be legally binding until both parties decide jointly to apply to the Court for arrangements to be approved by a Judge. The mediation discussions are strictly confidential and either person is free to leave the mediation process at any time.
What are the advantages of mediation?
Mediation can be more cost effective and quicker than contested and protracted Court proceedings. It can also avoid or limit or reduce any ill feeling that can inevitably be caused by going through the Court process. Mediation can be especially beneficial where children are involved, as it allows for arrangements for the future to be agreed at the earliest opportunity with a minimum of animosity between the parents.Local mediators include a number of experience family lawyers, but others have come from therapeutic backgrounds. Some mediators work alone while others work in pairs.
Avoiding going to Court
Since April of this year, before you start Court proceedings over property or arrangements for children you must usually have attended a Mediation Information and Assessment Meeting. At such meeting the mediator will try to work out if mediation can help you to reach an agreement. During the meeting couples are able to find out more about mediation and ask any questions that they may have for the mediator. Individuals can attend a meeting alone or with their partner. If you meet the mediator alone, the mediator will ask if they may contact the other party. If the mediator ascertains that the partner does not wish to mediate, then mediation will not go ahead. On occasions, therefore, it may be necessary to go to Court to determine the issues that are giving cause for concern.
Why use a solicitor?
Mediation is not a substitute for legal advice. It is therefore sensible to take advice from a solicitor during the mediation process.Ratcliffe Duce & Gammer have two qualified mediators trained with Resolution and can offer sole or joint mediation. We would be able to see you either in Reading or Wokingham
Is mediation for everyone?
The short answer to this is no – mediation will not be for everyone although it is sensible to have had a conversation with a mediator to get an understanding of whether the process can help you. Inevitably there are going to be cases where only the Courts and a Judge can assist and determine issues that a couple cannot resolve themselves.
Contact:
Reading:
Sarah Benfield
Wokingham:
Nicholas Rodriguez |
