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Mediation: The Process
- A telephone call or meeting to explain and assess the suitability of the mediation process.
- Both partners must be willing to mediate. Mediation is a voluntary process.
- Each partner completes a Mediation Information Form and brings it to the first meeting, where each partner may individually see the Mediator briefly.
- The first mediation meeting together starts with discussion and signature of the agreement to mediate. The issues the couple wish to discuss can be identified and an agenda agreed and the mediation will continue.
- Further mediation meetings will be arranged to discuss the practical, legal, financial and emotional problems associated with separation, divorce and dissolution of civil partnership, as well as arrangements for children.
- Mediation sessions usually last for one and a half hours. The number of sessions required depends on their nature and complexity, but generally three to six sessions are needed. Fees are payable at the end of each mediation session or in advance and may be shared between the couple in any way they may agree.
- No correspondence apart from administrative requirements.
- Both partners are advised to obtain independent legal advice throughout the mediation process, as the Mediator’s role is managing the mediation process as a neutral; providing information but not advice.
- Once the mediation sessions have concluded successfully, the Mediator will prepare a Memorandum of Understanding, which is a Without Prejudice Document upon which each partner will need to seek legal advice and consider implementing, if they are both in agreement.
- If the mediation is about financial issues, the mediator will prepare a Financial Statement. This is an open document, which means it can be used and referred to by your lawyers and in any court proceedings if negotiations break down.
Divorce and separation without conflict
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