Family Mediation
Easing the Process of Separation and Divorce:
Family mediation is a process enabling couples at any stage of
separation or divorce to reach a mutually acceptable settlement
with the help of in impartial third person, the mediator. The settlement
can include arrangements for property, finances and any children.
The mediator does not make decisions for a couple. The mediator
manages the process, but not its outcome, and has no power to impose
solutions. Mediation is not reconciliation or counselling.
Why Use
Mediation?
Family mediation helps couples take control of the situation and
focus on the important issues. Because mediation is a voluntary
arrangement, couples work co-operatively in an open atmosphere.
It can reduce the time it takes to reach a mutually satisfactory
solution, and can avoid a decision being imposed upon them by a
court.
Do We
Still Need Solicitors?
Mediators do not give legal advice. During and after mediation,
couples are encouraged to consult solicitors with a view to formalising
any agreement reached as a legal document. Solicitors can also
advise on particular issues that arise during mediation.
How Much
Does Mediation Cost?
Mediation can reduce the costs of finding a resolution for a couple
who are separating. The charges are usually calculated at an hourly
rate. A usual session is one and a half hours. The costs can be
shared between you and your partner, with fees being paid at the
end of each session. Usually four or five sessions are needed.
If necessary, more sessions can be arranged.
Is Legal
Funding Available?
Yes, if one or both of the couple are financially eligible. Machins
provides a mediation service funded by the Legal
Services Commission, and mediation may be free.
What Happens
When Mediation Finishes?
A memorandum of understanding, which sets out the terms of any
agreement reached in the mediation and summarises any financial
information, is provided for you at the end of the mediation. It
can also be provided during the mediation if requested, and are
charged for on the basis of the time spent in preparation at the
same rate as mediation.
If you are a new client, please click
here for an outline of documents we require for identification
purposes.
Where
Do You Go From Here?
Partners Liz Oldham and Paul Owen focus on Family Law, with Liz
leading our family department team. For further advice, and to
discuss your requirements in confidence, please contact her
team on 01582 514315 or e-mail family@machins.co.uk.
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