Family Law
Mediation
At Carr & Co we aim to find the best solution for you and the process you choose is very important especially as emotions can run very high when a relationship is having problems. Talking things through about what will seem an uncertain future can be very difficult especially when wondering how you will manage financially or as parents who are now separating what arrangements can be made for the children.
Focusing on what really matters to you and your partner can seem overwhelming so where do you start?
At Carr & Co we offer a family Mediation service to help you talk things through with your partner if you have or are considering separation or divorce.
Val Wormald, a Resolution trained family Mediator will help you reach solutions and informed decisions about arrangements for future the for yourself and your family.
Mediation is a voluntary process and you cannot be made to take part. The Mediator will assess you both for suitability for the mediation process. There may be reasons why it would not be suitable. Your own lawyer may refer you or you may refer yourself. You may be eligible for Legal Funding and the Mediator will advise you on this.
The Mediator is impartial and will not take sides. The Mediator is trained to assist you and your partner to deal with issues that you have and to assist you in coming to a solution in all aspects of your separation.
The Mediator does not give legal advice and you can retain or instruct your own legal advisor at any time.
After the initial assessment meeting as to suitability for mediation, if you are both willing to enter into the process an Agreement is signed. Thereafter there will be a number of sessions depending on what is in issue. The meetings may include the providing of details of your financial disclosure and also any issues you have both financially or concerning arrangements for your children.
The meetings are confidential and the information from them cannot be used or be used against you elsewhere. The Mediator does however have an overriding duty to refer to a third party organisation to consider if any disclosures made by one of you raises any concerns over a child’s safety or other harm both physical or otherwise. The Mediator however would discuss this with you and what you would need to do.
The purpose of mediation is to allow you to be in control of running through the issues that you have with your partner, for options to be discussed and for finding a resolution that suits you both. When a solution is reached in either the whole or part the Mediator will then prepare documentation to include a Memorandum of Understanding for you to take to your solicitor to discuss the proposals. Where appropriate your solicitor will draft any formal Court Order or Separation Agreement. It is at that stage that the Memorandum of Understanding becomes a formal agreement between you.
In summary mediation can bring real benefits in that it allows you to reach a solution about how to make the best arrangements for the future, it helps reduce hostility and impasse, helps you make informed decisions rather than having decisions made for you such as in the Court process. It helps encourage keeping communication channels open both during and after separation and can also assist you as parents in being able to work together to resolve issues concerning your children. Finally, it can also save both the cost and heartache of expensive Court battles which can take several months and which may not result in a decision to your liking.
If you wish to find out more information about mediation please contact us or email our Mediation Department at mediation@carrandcosolicitors.com. We will be able to give you further information on the mediation process and discuss how to take matters forward. In the alternative please look at the other options which are referred to in the Family page of this website.
