The quick answer is that it depends on your particular circumstances. You may have heard about Mediation Dover for families going through a divorce, but what does it include and should you utilise one? If you are unable to reach an agreement on the custody of your children, the disposition of your property, or the division of your funds, you should strongly consider this alternative.
Numerous myths and misconceptions surround the use of a divorce mediator. In this article, we examine some of the most prevalent ones and explain how the process works, as well as whether or not it can be effective in your case and why you should typically at least investigate divorce Mediation Dover for your scenario. If you have any issues that are not addressed below, or if you are unsure whether utilising a divorce mediator is appropriate for your circumstance, please contact us and we will do our best to respond.
WHAT IS MEDIATION IN DIVORCE?
Mediation in divorce is a technique that helps you reach an agreement on the parenting plan or financial terms of your divorce or separation. You are not required to attend divorce mediation if you can reach an agreement or if one of you does not choose to participate.
The purpose of divorce Mediation Dover is not to determine if the partnership has ended or to determine who is at fault. It is primarily concerned with organising the parenting and financial parts of your divorce, with the goal of assisting you in drafting a parenting plan or financial agreement memorandum.
DO I NEED A MEDIATOR FOR A DIVORCE?
No you do not need to see a divorce mediator to petition for a divorce. You can initiate the divorce yourself online, or you can hire a lawyer to represent you. Utilizing a mediator during a divorce is advisable if you need assistance resolving financial or parenting issues.
If you decide to utilise Capitol Family Mediation Dover to assist you achieve an agreement, we can also handle the entire divorce or use our fixed price legal packages to make your agreement legally enforceable. There are very few mediation firms that provide this option, so it is worthwhile to check.
YOU MUST PAY FOR MEDIATION, RIGHT?
You are not always required to pay for divorce mediation. If you have a low income or get certain benefits, you can receive divorce mediation assistance. If you have been a victim of domestic violence, you are not need to attend mediation in order to file a court petition, and legal aid is available for a lawyer to assist you.
Here you can determine your eligibility for legal help.
Otherwise, divorce mediation often costs each side an hourly rate. According to the Family Mediation Dover Council, the average hourly cost per participant for mediation, including VAT, is £140.
DOES MEDIATION FOR FAMILIES CONFIRM WHETHER WE WANT A DIVORCE?
No, your divorce mediator does not inquire about your past relationship or determine whether or not you are both ready for a divorce. Instead, they will consider how you intend to communicate in the future, which is particularly crucial if you have children together. As mediation is a more equitable and peaceful means of resolving issues, this will also have a favourable effect on your future relationships. Instead, relationship counselling can help with this, which is typically a prerequisite to divorce mediation.
WHY CONSIDER MEDIATION BEFORE DIVORCE?
In the majority of situations, it is required by law to at least try mediation before going to court. Several exceptions exist to this rule. The blog “Fifteen Exclusions to Attending an MIAM” provides further information on each of them. This article also explains in further detail why you should choose mediation if you cannot agree on financial or parental arrangements.
WHERE AM I ABLE TO FIND A MEDIATOR SERVICE IN MY AREA?
The Family Mediation Council’s directory allows you to locate mediators in your area. You may perform a search by their name or your zip code. You can also select mediators who provide legal assistance.
If you do not qualify for legal assistance, Capitol Family Mediation Dover can help you with your case. As long as one of you is a permanent resident of England or Wales, we may assist you wherever you are in the globe.
ALL SERVICES OF DIVORCE MEDIATION EQUAL?
Not every mediation service is the same. First, membership in one of the five membership organisations of the Family Mediation Dover Council is verified (above). If not, you should likely avoid the area. You must verify that the divorce mediator is qualified to sign court paperwork in the event that mediation fails or does not proceed; otherwise, you will need to conduct a separate MIAM with another agency that is qualified to sign papers.
As with any other professional service, you should always consider personal recommendations and authentic client evaluations when choosing a lawyer for your case.
Also, ensure that the firm you are utilising is not just outsourcing your case to mediators over whom they have no direct control or oversight. It is essential to have the same mediator throughout the duration of your case, one with whom you are comfortable dealing.
HOW MUCH DO DIVORCE MEDIATOR CHARGE?
If you are qualified for legal aid, you will not be required to pay for your divorce mediation; nevertheless, there is a limit to the number of hours you can use to settle your case. If you are not qualified for legal aid but the opposing party is, you do not have to pay for your initial appointment (the MIAM) or the initial joint mediation session. After this, you will be responsible for half the cost of any following sessions.
If none of you qualify for legal assistance, the average hourly rate is £140 per individual. Some services will charge you more based on your income, the amount in dispute, or if you need an appointment outside of typical business hours. A family lawyer who also mediates divorces will generally charge extra per hour. Capitol Family Mediation Dover charges a minimum of £120 per person per hour, regardless of your wage or the time and date of your session.
DO I NEED A SOLICITOR AND A DIVORCE MEDIATOR?
If you prefer to resolve your issue through divorce mediation, you are not required to hire a lawyer. But you should always consider seeking independent legal counsel on your circumstances – even if it’s just to validate the divorce mediator’s agreement.
Capitol Family Mediation Dover offers three services, all of which provide a written report on case-specific advice:
A one-hour service that includes a 20- to 30-minute phone consultation and a legal counsel report in writing. It is helpful to have a legal perspective on what you should want in mediation. $299 plus tax
A two-hour bundle that includes up to eighty minutes on the phone and a legal counsel report in writing. The 80 minutes need not be utilised all at once, so they can be used to supplement the mediation process. $399 plus tax.
Memorandum Legal Advice, this is where the family law attorney will review the agreement achieved during family mediation and documented in the Memorandum of Understanding. They will then compose a report detailing their findings, allowing you to demonstrate to the court that you have sought independent legal counsel on the arrangement achieved. $299 plus tax
WHAT IS MEDIATION IN DIVORCE?
Mediation in divorce is a Ministry of Justice-approved mediation procedure that employs a tried-and-true technique of conflict resolution to assist you and your spouse in reaching an agreement on the financial and parenting arrangements. Progressive mediation is a form of mediation employed by Capitol Family Mediation that focuses on helping you move on and reach an agreement. It is effective for 90% of our clients. The national average for successful divorce mediation is 73%, so the odds are in your favour regardless of whatever divorce mediator service you employ.
WHO PAYS FOR MEDIATION?
The fees for divorce Mediation Dover are often split in half, and the majority of mediation firms will give pricing per person. However, any side may agree to cover all expenses. More information is available in our blog post titled “Who pays for family mediation?”
WHAT HAPPENS IN MEDIATION?
Divorce mediators act differently, but the underlying principles are consistent. You will often have the option to chat privately with the divorce mediator first. This allows you to openly communicate your desires, aspirations, the problems to be discussed, and any worries.
The divorce mediator should ensure that each side is able to speak during mediation, that there is equality in the room, and that you are focused on resolving the issues at hand, as opposed to addressing other topics.
The divorce mediator will always be impartial and will be able to offer legal information and the results of comparable cases. They will not take sides or offer advice. After reaching a consensus on all matters, they will create a memorandum of understanding.
WHAT HAPPENS IF MANDATE FAILS?
If divorce mediation fails and some or all concerns remain unresolved, you still have several choices. The lawyer evaluation provided by Capitol Family Mediation Dover tells you what a court is likely to order in your individual case.
You can ask your attorneys to handle discussions, file a lawsuit, or proceed to arbitration. In many instances, divorce mediation can assist to narrow the scope of the disagreement, allowing you to petition the court to decide just the issues on which you cannot agree. This will help you save time and money.
Our blog post “What Can I Do If Mediation Fails?” goes into further detail on your available alternatives.
HOW LONG DOES MEDIATION TAKE?
The length of time required to resolve an issue depends heavily on both parties. The progressive mediation process of Capitol Family Mediation Dover is designed to help you focus on the issues and discover solutions. We know that the procedure we’ve designed works in ninety percent of instances. The typical number of sessions for money or parenting is two to three sessions of 90 minutes each.
WHERE CAN I FIND ADVICE ON MEDIATION?
Our family law blog is routinely updated with research advice for the majority of divorce mediation-related issues. There are recommendations for divorce mediation as well as internet mediation.
You may also schedule a free 15-minute consultation with our head office staff to review your case and learn more about the available choices and our procedure. Alternately, you may schedule a 45-minute phone meeting with our managing director to examine your circumstance in further depth.
Elsewhere, Citizens Advice or the Family Mediation Dover Council can give information.
Our FAQ page has answers to many of the most frequently asked issues regarding divorce mediation.
IN THE UK, IS MEDIATION LEGALLY BINDING?
The outcomes of divorce mediation are not legally enforceable. Upon reaching an agreement, you will often need to consult a lawyer to get it formalised into a legally enforceable contract. Importantly, the divorce mediators at Capitol Family Mediation will not attempt to overturn the agreement established during the divorce mediation.
WHAT HAPPENS IF I REFUSE TO PARTICIPATE IN UK MEDIATION?
Generally, if you do not attend a Mediation Information Assessment Meeting (MIAM), you will be unable to petition the court to mediate your custody or financial issue. If you are requested to participate in divorce mediation, you should always view it as the bare least. This is because, if your case goes to court, the judge will want to see that you attempted to resolve the issue in a reasonable and responsible manner. Failure to do so may result in an award of legal fees against you. It might potentially effect the verdict rendered in your case.
In a number of instances, judges suspend their rulings until divorce mediation has been undertaken. Our blog post “Will it Look Bad if I Refuse to Go to Mediation?” provides further information and includes case studies in which the individual’s failure to mediate cost them.
What is a Mediation Information and Evaluation Meeting (MIEM)?
The MIAM serves two functions. This is your opportunity to communicate to the divorce mediator your status, hopes, challenges, and worries. It is also a time for the mediator to explain divorce mediation in further detail and answer any questions you may have.
The divorce mediator may determine that mediation is not appropriate for your situation, or you may decide after more consideration that you do not wish to participate. If mediation does begin, the MIAM will also allow the divorce mediator to arrange for the joint mediation sessions; for instance, you may desire shuttle mediation, in which you and the other party are in different rooms or in front of separate screens. Or you may require a separate area or an additional mediator.
You may also read our Comprehensive Guide to a Mediation Information Assessment Meeting for further information on what occurs at an MIAM.
WHAT IS THE PROCESS OF DIVORCE MEDIATION?
Capitol Family Mediation Dover employs a proven and true divorce mediation technique. Other services may function differently since they do not provide legal choices once an agreement has been struck. Flowchart describing the divorce mediation procedure on this page (scroll down the page).
Notably, we cannot contact the other party until you have had your MIAM since mediation may not be appropriate. Numerous situations exist in which a party who had previously denied mediation orally decides to attempt it after being formally invited by the divorce mediator.
MAY I AVOID MEDIATION AND PROCEED DIRECTLY TO COURT?
In the majority of instances, you will have been required to at least explore mediation by attending an MIAM. In circumstances when you know mediation is inappropriate, the opposing party will not react, or mediation has failed in the past, you may choose to explore a Court MIAM. These are offered by Capitol Family Mediation for instances in which you explicitly do not desire to meet a divorce mediator.
A court MIAM typically costs £99 including VAT and may be set up within 24 hours. The court form is then often emailed the same day to you or your attorney.
HOW CAN A MEDIATOR ASSIST MY CASE?
A divorce mediator can assist you in focusing on the issues that need to be handled and your situation’s priority.
They can assist you find a compromise and an arrangement that all parties may accept. They may also help you save money on legal fees and reach an agreement far faster than through solicitor discussion or litigation.
Capitol Family Mediation Dover has a staff of pleasant and seasoned divorce mediators who get further continuous supervision and training from us, as well as consistent 5-star ratings.