Mediation can assist separating or divorcing couples to resolve outstanding issues. Such issues may be in relation to the division of assets or arrangements regarding their children. Mediation is an alternative way of resolving issues such as these out of court. It is a voluntary process and will take place at the mediators’ office, which is in a safe neutral environment. Mediation puts the parties in control of their matter and can avoid stressful and expensive court proceedings. It does not replace legal advice; the mediator will recommend that you seek advice at certain stages throughout the process or at the end of the process.
In most cases, parties attend several sessions of mediation depending on the issues which they wish to discuss. The parties will be free to discuss all options available and set their own agenda based on matters of importance to them. Therefore, if the couple are focusing on the division of assets upon divorce, documentary evidence must be provided by both parties so that the couple are aware of the value of all of the assets they are discussing. Options can be discussed between the couple and the mediator can guide them. Reality test suggestions can be put forward at this point by the mediator. Once a suggestion is agreed between the parties, the mediator will prepare a Memorandum of Understanding, which is a useful document setting out how the parties have reached their proposal. The parties can then provide this document to their independent lawyers who can then complete the legal process.
By attending mediation, both parties are working together and sharing the hourly rate of the mediator, therefore, the overall costs are likely to be less than if both parties instructed independent lawyers to negotiate on their behalf or indeed if the matter was to proceed to court.
Both Oi-yuyn and Amanda are trained lawyer mediators; which means that they are specialist family lawyers as well as trained mediators. They are up to date with the current law and the types of orders which courts are likely to accept. Such knowledge is invaluable in ensuring that any outcome which the parties are trying to achieve is within the parameters of what a court would order. A lawyer mediator can assist with suggestions put forward by the parties and assist the parties by reality testing those suggestions against years of legal experience.
If you would like to discuss mediation in more depth, please contact or Oi-yuyn Wong on 01329 232314 or by email at email@example.com