Use mediation to divide you?
Mediation is a way for a third-party individual who does not respect you and your forerunner to work out any disagreements. The third person is called a mediator. You may come to an agreement on income, property or kids issues.
Before you go to a mediator you should try mediation. When you first go to a mediator, they will usually explore whether mediation will help first.
You don’t have to go to mediation, but you usually have to show that you have attended a mediation knowledge and appraisal conference, in order to settle your differences (MIAM). This is an initial meeting to discuss what mediation is and how it could assist you.
You can call the mediator to clarify the case if you need to go to court and the mediator does not want your ex-partner to see. Your former spouse cannot be pressured to go to mediation.
If you can, you better try to achieve an agreement through mediation. You can save money in legal costs, and settling any disputes can be easier.
What is the cost of mediation
Mediation is not free, but easier and less expensive than court. Mediations are not free. Perhaps you can get legal help to pay for, if you have a low income:
• The initial meeting – all of you cover, even though only one person is entitled to legal assistance
• one mediation session – that involves you both
• More sessions for mediation – only those that apply for legal assistance are covered.
• assistance from a mediator during mediation, to legally bind the arrangement, for example
Legally binding means that you must comply by law with the terms of the contract.
If you are not entitled to legal assistance
Mediation costs vary depending on your place of residence. Telephone to find the best deal, but remember that maybe the cheapest isn’t the best.
Some mediators depend on the amount of money they make – so if you have low earnings, you might pay less.
If you want to maintain the costs of mediation, try to agree with your ex-partner as much as you can before you begin. For instance, you may have decided on your children’s arrangements, but need help dividing your money.
You can also negotiate with your mediator a set number of sessions – this can help you and your former partner work faster to resolve the issue.
Prior to the mediation
Consider what you’re doing with mediation until you start. Mediation is much more likely to occur if you can concentrate on topics about which you disagree really.
You will need to complete the financial disclosure form when you go to mediation if you are attempting to find an agreement on the money or property. All your financial details, for instance, must be included:
• your income from jobs or benefits, for instance.
• the living expenses you pay – such as travel, services and food.
• how much money in your savings accounts you have
• You owe debts
• you own land
Enter the first mediation meeting by starting to collect bills and bank statements. Some mediators will give you such a form before your first meeting.
When talking about your finances, it is crucial for you and your ex-partner to be honest. If your former partner learns later that you have attempted to conceal something from them, any compromise you might not make is true. For a greater share of your money, your former partner may also bring you to court.
How does mediation work?
Usually you and your former partner meet a professional mediator separately at the initial meeting. After this, you’ll hold mediation sessions to discuss your divergences with your ex-partner and mediator.
If you feel unable to sit together and ask the mediator to go back and forth between you, you and your expartner should sit in separate rooms. It takes longer than this kind of mediation, because it typically costs more.
The mediator cannot inform the statute, but it will:
• Listen to you both – they’re not going to take sides
• help to create a calm environment in which you can agree with both
• recommend practical measures to help you reach agreement
Everything you say is confidential in mediation.
Your mediator would usually concentrate on what’s the best for you and your needs if you have children. If you believe it is necessary and approve, the mediator may also speak to your children.
At the end of your mediation
A ‘memorandum of understanding’ will be written by your mediator – this document will show what you have agreed to. Both of you will obtain a copy.
If your agreement involves money or land, it is a good idea for a mediator to translate your memorandum to a ‘consent order.’ And if you don’t stick to what you decided you will take your ex-partner to trial.
After you have begun divorcing or have ended your civil union you will ask for a consent order. It should be accepted by a court judge – £50 will be paid. Your mediator’s fees are also to be charged.
Whether by mediation you cannot reach an agreement
If you cannot agree with your former partner by way of mediation, you can speak to a mediator. What to do next, they’ll tell you.
If you disagree about what ought to happen to your children, a mediator may recommend you continue to try to reach an agreement.
Courts will not generally determine with whom a child lives or spends time if they believe the parents themselves should work it out. It is called the ‘principle of no order.’
You should try making a plan for parenthood. This is a written or online account of your plans to provide for your children and your former wife. If you disagree on money or property and have attempted mediation, a mediator is likely to recommend that things be settled in court.
You can try if you want to escape court:
• Go to a seminar on collaborative law – both you and your partner will have mediators working together in a space to achieve an understanding.
• go to the mediation of your kin – a referee is a little like a judge – they can look at the differences and make their own decisions with your former partners.
These two choices may be costly, but they can still be cheaper than courts. Before trying it, it is best to seek guidance from a mediator.