Through a mediation process, you and your ex-partner can resolve any issues you may have with the assistance of a neutral third party. The third party is referred to as a mediator. At Van Eaton Solicitors in London, we can assist you in coming to a compromise on matters involving assets such as money and property.
You are not required to participate in mediation, but if you must appear in court to resolve your differences, you will typically need to provide documentation that you attended a mediation information and assessment conference (MIAM). This is a brief meeting to introduce mediation and discuss how it can benefit you. If you need to go to court and your ex won’t agree to mediation, you should get in touch with the mediator and let them know what’s going on. Your ex-partner cannot be coerced into attending mediation.
However, if possible, it is best to try and resolve your dispute through mediation. Both the cost of legal representation and the resolution of any disputes may be reduced.
Before You Attend Mediation
Before beginning your mediation session, consider the results you hope to achieve. If you can spend the mediation sessions concentrating on issues you genuinely disagree on, mediation is more likely to be successful. When you go to mediation, you’ll need to complete a financial disclosure form if you’re trying to come to a financial or property arrangement. You must include all of your financial details, such as:
Your income, such as from a job or benefits.
What do you pay for transportation, utilities, and food as part of your living expenses?
What do you have in bank accounts in terms of money?
Your debts and your property.
Assemble your bills and bank statements to bring to the first mediation session. Some mediators will send you a form similar to this to complete before your initial consultation.
It’s crucial that you and your ex-partner discuss your finances openly and sincerely. Any arrangement you create might not be enforceable if your ex-partner later discovers that you attempted to conceal information from them. Additionally, your ex-partner can bring a case against you to get a bigger financial split.
What is the Mediation Process
You and your ex-partner will typically have a separate meeting with a skilled mediator during the first one. After that, you, your ex-partner, and the mediator will meet for mediation sessions to talk over your differences.
If you feel uncomfortable sitting together, you and your ex-partner might request that the mediator move back and forth between you while you are in separate rooms. Since it takes longer, this type of mediation is typically more expensive.
While the mediator is unable to provide legal advice, they will:
They will pay attention to both of your arguments and not pick sides.
Assist in fostering a calm environment so that you may get to a mutually agreeable solution.
Recommend concrete actions to assist you to come to agreements.
Everything you say in mediation is confidential.
At the End of Your Mediation Process
Your mediator will draft a ‘memorandum of understanding,’ which is a document outlining what you’ve agreed to. You’ll both receive a copy. If your agreement involves money or property, take your memorandum of understanding to a solicitor and ask them to convert it into a ‘consent order.’ This means you can sue your ex-partner if they don’t follow through on something you agreed to.
About Van Eaton Solicitors in London
Van Eaton Solicitors provides a free initial consultation to assess your case. Because our experts have handled numerous disputes, we can immediately advise you on the strength of your case. If our experts believe that the mediation process is appropriate, we will thoroughly investigate your case before contacting the other parties involved. We offer straightforward dispute resolution advice. You can reach us by phone at 020 8769 6739 or online. We will respond to your inquiry as soon as possible.