How to keep divorce out of court? (Part 2)

Sarah Snow, Partner at our London Victoria office is back on the blog to look at how arbitration and negotiation can help you keep your divorce out of court.

Arbitration

I pick this article back-up with a look at arbitration, the closest parties will come to the court process without having to go to court. It is a form of dispute resolution that takes place out of the courtroom. Both parties will appoint a suitability trained and qualified arbitrator, their decision is final and binding upon the parties.

The benefits of arbitration are that parties are able to resolve disputes in a less formal setting. The process is often quicker than court proceedings as parties are not dependant on the court listing and scheduling of hearings, which can often take several months if a court is particularly busy. Parties can also be ensured of continuity, instructing the same arbitrator throughout the process, opposed to court proceedings where you may see a different judge at each hearing. However, as with collaborative law, there is no power to compel disclosure and may not be suitable if one half of the couple is hiding assets although the arbitrator can draw adverse findings if satisfied that something has not been disclosed and can also award costs. Indeed, engaging in arbitration is something that both parties must be willing to do.

This is a viable alternative dispute to the court process for divorcing couples and can address wide ranging issues such as determining an entire financial award down to a narrow issue such as how to deal with a pension. There are also arbitrators who specialise in determining arrangements for children.

It may feel like you are “going private” as you do pay the costs of the arbitrator as well as the costs of your lawyer but you may feel this is worth it to get a final decision more quickly, in a more comfortable environment than the court and by an arbitrator who you can be confident is a specialist in family law rather than a Judge who may have been a lawyer who specialised in a different area of law. The other benefit to an arbitration process is that it is completely confidential so that there are no risks of the press attending your hearing as they sometimes can do if your case is in court.

The flexibility and the fact that you will get a final decision more quickly can make arbitration more cost-effective than court.

Negotiations via solicitors

This is probably the most common way in which most matters are resolved. Lawyers are both specialists in the law and will know what the likely outcomes might be, and they will also be experts in negotiation and how to present your case in the best possible way. The process essentially involves solicitors negotiating on divorcing parties’ behalf. If the matter concerns financial arrangements, then there needs to be an exchange of financial disclosure so that there is a full understanding of what resources are available. Negotiation can then take place over correspondence, by telephone discussion or sometimes via what is known as a roundtable meeting where both parties and their lawyers are present.

However, if negotiations break down then court or arbitration may be the only alternatives available. It is important therefore that negotiations do not continue for too long if it is evident that an agreement cannot be reached because if you commence either the court or arbitration options too late this will increase the costs beyond those originally anticipated. However, with arbitration it may be that the negotiations have narrowed down the issues to only a few points, which the arbitrator can be asked to decide upon therefore saving the costs of arguing about everything.  It is important to ensure that a timetable for disclosure and negotiations is set out by the parties’ solicitors from the start to ensure that matters are not allowed to drift over many months without moving forward.

Whichever way you go

Ultimately it is important to note that whichever chosen approach to resolving matters voluntarily and without court proceedings, both parties must be motivated by a shared desire to be open, transparent, pragmatic and compromising.

Without such an approach any method of Alternative Dispute Resolution is unlikely to be successful. In conclusion, I revert to the age-old adage delivered to many clients by their solicitors, “it is often better to have an agreement you can both live with, rather than an order imposed on you by the court which neither of you is happy with”.

Get in touch

For more advice on how to keep your divorce out of court you can contact our Client Care Team here or at the number below.

You can read part 1 here.

 

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Author: Sarah Snow

How to keep divorce out of court (Part one)

Most couples seeking a divorce do not set out with a desire to go to court. In fact, a key concern that we for many of my clients is the desire to avoid protracted and expensive court proceedings, giving them a speedy end to their divorce.

And there are lots of different approaches to choose from so we asked Sarah Snow, Partner at our London Victoria office to join us on the blog to look at the different options to keeping your divorce out of court.

In the first part of the article, she looks at mediation and collaborative law.

The term divorce immediately conjures up the image of embattled ex-spouses engaged in hostile and aggressive court proceedings, which take many months and cost thousands of pounds. It doesn’t always have to be this way and below I explore the various Alternative (or Appropriate) Dispute Resolution (ADR) options which divorcing couples would be wise to consider.

First off, it is important to stress that parties will largely only engage in court proceedings if they are unable to resolve financial matters at an early stage in the process and by agreement. Unless contested, it is quite common for parties to never step foot inside the courtroom, instead, securing their divorce via a post based or online process.

Financial matters can also be resolved voluntarily between parties and an agreement drawn up and put before the court in the form of a Financial Remedy Consent Order, again without either party having to attend a hearing. The problem arises when parties are unable to reach an agreement and therefore one makes an application for a Financial Remedy Order, thus starts the long and stressful divorce process. How then do you avoid such an application?

The basis of avoiding court comes from a joint intention from both parties to adopt an amicable approach and be willing to engage in constructive, productive dialogue recognising that reasonable compromises will have to be made on both sides.

With the intention in place, an approach of ADR is a very viable alternative. But what does the term mean?

In its simplest terms, ADR is a way of resolving disputes without going to court.  There are many different methods and approaches that can be adopted when looking to resolve financial matters and achieve an amicable settlement. These include the following:

Mediation

Mediation is a structured and interactive process where a neutral third-party assists divorcing parties in resolving the conflict. The trained mediator will use specialist communication and negotiation techniques to encourage parties to actively participate in the process and look at a variety of settlement options.  The mediator will initially meet with each party individually to gain an understanding of what they are seeking to achieve. They will then be asked to prepare financial disclosure before meeting again on a joint basis.

Once the full financial picture has been ascertained then parties can discuss fair and reasonable settlement options. All negotiations and discussions take place on a Without Prejudice basis, which means if matters do not settle and an application to the court is made, the court will not be made aware of the proposals made. This means that parties can freely make proposals without the risk of their “bottom line” being exposed to the court later.

If engaged in productively and with a genuine desire to resolve matters, mediation can be hugely successful and beneficial for parties. Particularly divorcing couples who have children and need to maintain an amicable co-parenting relationship moving forward.

It is important to be aware however that whilst mediators may also be legally trained family lawyers, they are not able to provide legal advice. Therefore, I would recommend that both parties should instruct a solicitor to work with them alongside the process and provide ongoing advice as to the suitability or fairness of the proposals being made in mediation.

Collaborative

Collaborative law is a process founded in America in 1990 and launched in the UK in 2003 and involves divorcing couples working with their solicitor and if required, an independent financial advisor, accountant, child specialist and family consultant to reach a voluntary settlement with the aim of avoiding the uncertain outcome of court.  The key goal is to achieve a settlement that best meets the specific needs of both parties and their children in a safe space without the underlying threat of going to court.

When dealing with the financial issues and trying to reach a settlement, both parties engage in four-way meetings with both of their lawyers present to first obtain a full picture of the matrimonial finances and thereafter engage in negotiations. The aim is to ensure that everyone is vested in the process with the clear aim of resolving matters without involving the courts.

If an agreement is made, both parties sign an agreement committing to the collaborative process and resolving matters without going to court. The solicitors you instruct in the collaborative process will not be able to attend court on your behalf if, for any reason, the process breaks down and an application to the court must be made.

Parties must be completely prepared to engage in the process and be committed to it.  It is essential that parties are transparent and if there is a reason to suspect that one party is being secretive with financial matters there is no power to compel disclosure. However, many couples simply want to get matters sorted out, are willing to co-operate with each other and hope to find solutions in a constructive manner. The collaborative process enables couples to consider the other party’s point of view and share ideas in an open way that will encourage creative and mutually acceptable solutions to be found   Often just listening to what the other party has to say can help cut through any suspicions about motives or agendas.

Like mediation, being willing to meet and discuss matters face to face is not an easy option. It can be difficult and emotions can run high, but if you are able to resolve matters by agreement, with the support of trained collaborative lawyers it is far more likely to be longer lasting and lead to a better future relationship, essential if you have children, than one where the Court or an arbitrator has imposed the outcome on you.

Get in touch

We have a number of mediators and lawyers who are experienced at advising clients going through the mediation process and also a number of qualified collaborative lawyers. For more advice on how to keep your divorce out of court you can contact our Client Care Team here or at the number below.

In how to keep divorce out of court – Part two Sarah will look at arbitration and negotiation.

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Author: Sarah Snow

More marriages, more mediations, and more divorces

Last week was what I call ‘statistics week’, the week when we are treated to an avalanche of the most recent available statistics for all sorts of family law related things, including on this occasion marriages, legal aid and the Family Court. So, what did this latest instalment of facts and figures add to the sum of our knowledge?

I’ll begin with the statistics for marriages. Specifically, these are for marriages in England and Wales, for the year 2016. They come from the Office for National Statistics (‘ONS’). Amongst the headline points were the following:

  • There were 249,793 marriages in England and Wales, 1.7% more than in 2015, but 1.0% fewer than in 2014.
  • 97.2% of all marriages were between opposite-sex couples and 2.8% were between same-sex couples.
  • There were 7,019 marriages between same-sex couples, an increase of 8.1% from 2015; of these marriages, 55.7% were between female couples.
  • Marriage rates for opposite-sex couples were lower at all ages compared with 2006, except for men aged 60 years and over and women aged 50 years and over.

The main point to take from this, I think, is that, as the ONS statistician comments, despite the small increase, marriage rates remain at historical lows. This can perhaps be seen most dramatically by a graph included with the statistics showing the number of marriages of opposite-sex couples in England and Wales from 1935 to 2016. Until 1972 the graph generally remained around the 400,000 figure, but since then it has generally been on a downward spiral (of course the overall figures have been ‘buoyed’ over the last two of those years by same-sex marriages). Marriage, it is clear, will never again be the ‘expectation in life’ that it once was. Whether this is a good or bad thing will, of course, depend upon your point of view (it may also be the case that more couples will in future ‘tie the knot’, when civil partnerships become available to opposite-sex couples).

Next up, the legal aid statistics, which were from the Ministry of Justice, for the quarter October to December 2018. Sadly, these days legal aid is not particularly relevant to private family law matters, so there is not a lot to say about these statistics. Probably the most important thing relates to mediation. We are told that:

“In family mediation, Mediation Information and Assessment Meetings (MIAMs) increased by 4% in the last quarter compared to the previous year and currently stand at just over a third of pre-LASPO levels. Starts increased by 6% although outcomes increased by 5%, and are now sitting at around half of pre-LASPO levels.”

In plain English, the number of mediations is up a little bit, but is still at half what it was before legal aid was abolished. So I suppose a little bit of good news there, although clearly it is going to take a long time before mediation, which was supposed to ‘replace’ legal aid, will even return to what it was before the legal aid cuts. As I have said here before, hardly a ringing endorsement for the government’s ‘flagship’ policy.

And lastly I turn to the Family Court statistics, also from the Ministry of Justice, for the quarter October to December 2018. Amongst the main points here were the following:

  • 64,331 new cases started between October and December, up 6% on October to December 2017. For the year as a whole 262,399 new cases started during 2018, up 3% compared to 2017.
  • There was an increase in the number of private law children cases started (8%) and cases disposed (3%) to 12,986 and 10,478 respectively. For the year as a whole there were 51,658 Private law cases started in 2018, up 2% compared to 2017. The number of Private law cases disposed was 41,939 in 2018, similar to the number in 2017.
  • In 2018, it took on average 26 weeks for Private law cases to reach a final order, i.e. case closure, up three weeks compared to 2017.
  • There were 118,141 divorce petitions made during 2018, up 8% on 2017 – more in line with the number of petitions seen annually prior to the low number in 2017.

So in short, more cases, taking longer. Not very good news, either for the users of the Family Courts, or for those who work in them.

You can find the marriage statistics here, the legal aid statistics here, and the Family Court statistics here.

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Author: John Bolch

Mediation is more than a tick-box exercise

Having just recently completed my re-accreditation with the Family Mediation Council as an accredited Family Mediator, I noted with interest an article in The Times yesterday titled: Divorce lawyers should stop treating mediation as a box-ticking exercise.

I totally agree with the author. Sadly, family lawyers are not actively encouraging and promoting dispute resolution options such as mediation.

My experience from carrying out initial assessment meetings with potential mediation clients that have been referred by their solicitor is that they do not always come to the meeting with an open mind. Instead, they have been told by their solicitor that they just need to show up, get the mediator to sign off the form and then get onto the court case; reducing mediation to a tick box exercise.

This is disheartening. As family lawyers, we have a duty to our clients to give them unbiased advice on all options (depending upon the circumstances), to encourage and promote out of court dispute resolution, where appropriate. This approach is far more cost effective and will allow for a smarter, more dignified divorce/separation.

Some family lawyers are not putting their clients’ needs first but are instead, protecting their own income stream. It’s plain and simple: every case that is converted into a mediation matter is potentially one less litigation case for the lawyer, thus a decrease in fee income.

This is a great shame. Using mediation helps separated couples to make their own informed decisions as to what is best for them, their children and families. It reduces conflict, avoids court proceedings, is quicker and much more cost-effective. Most importantly, it allows for ongoing communication between the separating couple, which is vital. Mediation is child focused and looks at the impact of all possible resolutions on the children of the family.  Although not suitable and safe in every case, its use in family law should be championed and not dismissed.

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Author: Sushma Kotecha

Stowe guests: Top tips on how to tell the children you are separating by Turner & Johnson Mediation

In this instalment of Stowe guests, we are joined by Sheila Turner from Turner & Johnson Mediation.

Based in central London, Sheila Turner and Philippa Johnson offer families a professional and sensitive mediation service, working alongside other professionals including legal advisers, as appropriate, to help couples to identify alternatives to going to court.

Today we are joined by Sheila as she gives some valuable advice on how to tell the children you are separating and what to say afterwards.

There is no question this is a really difficult conversation to have; you are probably dreading it. Nothing will make it ‘easy’ but here are some guidelines that should help to make it a less traumatic experience for all of you.

Most importantly tell your child together

If you have more than one child tell all the children together as an entire family – even if you want to be a million miles away from your co-parent you need to show your child that you can still present a united front. Every time you want to convey a piece of information always start the sentence, “Dad/Mum and I have discussed ************** and we both think that we should try ******”. It helps children to deal with their changing circumstances when they feel that both parents have made the decision to separate.

Discuss with your ex-partner a clear and simple narrative explaining why your relationship has broken down and stick to the agreed narrative. Too many details will only muddy the waters and can often be information overload. However, the older the child the more questions you will be asked. Try to be as honest as possible without criticising your co-parent as the child will take this criticism personally and hear it as criticism about them.

Explain that you are still both your child’s parents and that just because you will be living in two separate homes that doesn’t mean that you are not still a family. Your child’s sense of family is really important.

Keep information short and concise.

Your child will not want to hear the emotional bits around the edge. He or she will only be interested in what is happening to them. Much better to answer questions as they come up rather than bombard your child with too much information. You should expect to have many more conversations with your child over the coming months – stick to the agreed narrative whether you are together or on your own with your child.

Make sure that you say very clearly that this is a grown-up problem and not in any way the children’s responsibility. You may well feel that an honest narrative involves blame – but blame won’t help your child, who needs to love and respect both of you and if blame is flying around your child is most likely to blame him or herself.

It is OK to say that you don’t know the answer to a particular question but you will need to reassure your child that once a decision has been made WE will talk about it with you.

Let your child deal with the conversation as they want to.

Be prepared for an emotional response and acknowledge that this is a very difficult time for everyone – equally, it may be that your child closes down and doesn’t want to talk to you about their emotional response then and there. That too is OK. Take your lead from the child.

It is normal for children to want their parents to be back together. They might engineer occasions when this happens, poor behaviour at school, the school calls both parents in to discuss, mystery illness etc. The sooner you can get to a good working co-parenting relationship so that your child knows that you are working together for them, the better.

If you are considering mediation, as part of the mediation process children aged 10 and over (and sometimes younger) are invited to speak to a specially trained family mediator, to discuss how they are feeling, if anything can be done better or what might be difficult for them. With the child’s permission, the mediator will feedback to the parents the messages that their child wanted the mediator to pass on. In our experience children enjoy these meetings; many say that they liked being given the chance to explain what is important to them.

Sheila Turner
Turner & Johnson Mediation

sheila@turnerjohnsonmediation.co.uk

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Author: Stowe Family Law

Judge bemoans lack of legal aid in complex children cases

As I reported here on Friday, last week the Government published its long-awaited review of the effects of the legal aid cuts introduced in 2013. To deal with the problems identified in the review an additional £8 million of funding was announced. But that is little more than a sticking plaster to cover the gaping wound caused by cutting £350 million per year from the legal aid budget. The problems will continue.

Those problems were highlighted in a judgment published just one day after the review: the judgment of Mr Justice Williams in R (A Child: Appeal: Termination of Contact).

The judgment concerned an appeal by a father against orders made in child arrangements proceedings in relation to his 12 year old son. In particular, the father was appealing against an order that he have only indirect contact with his son.

The case was complicated. It had a long history, stretching back to 2013. It involved findings against both parties, including serious findings against the mother, the most serious of which was that she had alienated the child from his father, as a result of which the child had suffered and/or remained at risk of suffering from significant long-term emotional harm. It also involved the local authority, and expert evidence from a clinical psychologist. There had been five ring binders of evidence at the hearing from which the appeal was made. If all of that were not enough, the case had an added complication in that the mother is profoundly deaf, and had to be assisted at court by both a deaf intermediary and two British Sign Language interpreters.

The judge in the court below had ordered that the boy should live with the mother, and that he was only to have indirect contact with his father by means of the father sending letters cards or gifts by post once per month for six months, and thereafter fortnightly. The judge also ordered that the father could not make any further applications without the leave of the court.

The father appealed against these orders, to the High Court.

Neither the father nor the mother could afford legal representation at the hearing in the High Court. They were, however, both represented by barristers acting ‘pro bono’, i.e. without charge, which led Mr Justice Williams to say this:

“That counsel for the father and for the mother should appear pro bono in such a complex case as this is in the finest traditions of the legal profession. Up and down the country, counsel, solicitors and legal executives fill the gaping holes in the fabric of legal aid in private law cases because of their commitment to the delivery of justice.”

He went on:

“Without such public-spirited lawyers how would those such as the father and mother in this case navigate the process and present their cases? How judges manage to deliver justice to the parties and an appropriate judgment for the child without such assistance in cases like this begs the question. It is a blight on the current legal aid system that cases such as this do not attract public funding.”

And he concluded with a swipe at the stereotype so many people have of lawyers:

“So far removed from the stereotyped ‘fat-cat,’ the legal profession in cases such as this are more akin to Boxer in George Orwell’s ‘Animal Farm’ always telling themselves “I will work harder.”

“It is a blight on the current legal aid system that cases such as this do not attract public funding.” So says a High Court judge. And yet nowhere amongst the measures set out by the government in its “new vision for legal support” published alongside the review is a commitment to provide legal aid for cases such as this.

And what happens if one or both of the parents is not lucky enough to secure free representation? It must happen. There is only so much that lawyers can do for free, and it is nowhere remotely near what used to be done under legal aid. The answer is that parents, and more importantly children, will not receive justice, as simple as that.

For the purpose of this post I need not go into the detail of Mr Justice Williams’ decision on the appeal, save to say that it was allowed. If you want all of the details you can read the full judgment here.

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Author: John Bolch

Family Mediation Week Day 5: Planning For The Future

Day 5 of Family Mediation Week’s theme is “A Ray of Sunshine; What a Relief”

Today is the last day of Family Mediation Week.

Once again there is a lot of very helpful information, including videos, blogs and articles available from the Family Mediation Week website (http://www.familymediationweek.org.uk/).

These look towards the end of the process and people being able to move on.

For example, there is a video by Bill Hewlett recording how relieved children feel that they have been listened to, they no longer feel they are caught in the middle and they can go on and enjoy the rest of their childhood.

There are also articles about the importance of everyone looking after themselves, mentally and physically, as they go through the process of separation and moving on.

This is accompanied by another piece focusing on the future and having a clear plan in order to make the best of life.

Mediation is all about helping families to find fair solutions which work for everyone.

Mediation requires commitment and effort by everyone concerned, the couple and the Mediator or Mediators, it is not necessarily an easy process but if it does result in fair, workable solutions the gains are enormous.

Mediation is just one of several ways of resolving issues when families separate. As such, it should always be considered.

Legal advice is vital no matter what process a couple choose to follow.

Legal advice can support and assist the Mediation process so couples can make proper informed decisions.

Family Mediation Week has been an enormous success, the material produced is of first class quality and at Stowe Family Law we are committed to helping our clients identify the process which will work best for them and their families. Stowe Family Law is able to offer mediation services in a number of our offices so if you are interested in hearing more get in touch.

You can read our previous Mediation Week posts here:

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Author: Graham Coy

Family Mediation Week Day 4: Learn to respect for the benefit of the children

Day 4 of Family Mediation Week’s theme is “the clouds are parting”.

Previously this week, as supporters of mediation and Family Mediation Week, we have focused on:

  • The mediation process
  • The substantial advantages compared to the court process
  • How children can become involved in the mediation process
  • How important it is for the children’s views to be heard
  • What children need to know when their parents are separating

Today, the Family Mediation website contains an article as to how mediation can help parties find clarity and break through any stalemate that may have risen and how separating couples can learn to respect one another especially for the benefit of their children.

Those children will remain part of the couple’s lives forever and parents need to find a way to communicate with one another, respect one another for the benefit of their children so they can find happiness and contentment as they grow up.

Also featured is “The Handover Book” to help parents communicate with one another as the children spend time with each of them. It is a useful resource.

Finally, there is another article explaining in a little bit more detail how financial matters are dealt with during the mediation.

Stowe Family Law supports mediation and is proud to support the initiative of Family Mediation Week. We have skilled and experienced mediators who can provide all the advantages which mediation offers. There contact details are below.

Sushma Kotecha, Nottingham Office, 0115 759 4534, sushma.kotecha@stowefamilylaw.co.uk

Graham Coy, London Chancery Lane Office, 020 7421 3300, graham.coy@stowefamilylaw.co.uk

Gavin Scott, London Chancery Lane Office, 020 7421 3300, gavin.scott@stowefamilylaw.co.uk

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Author: Graham Coy

Family Mediation Week: Finding a new resolution to family break up

Family mediation offers clients a smarter and more dignified way to resolve family disputes as opposed to the traditional solicitor led and court route approach.

It is an opportunity for parties to meet with an impartial third-party: the mediator who will give pragmatic guidance and legal information to help them reach their own resolutions. This is known as ‘assisted negotiation’.

When separating couples are at a point of crisis the first point of call will be to seek legal advice from a family solicitor and in many cases, the issues can only be resolved via legal intervention. This however, is not the only option available, mediation can be a better alternative when it is assessed as a suitable forum by the mediator.

Benefits of family mediation

By choosing mediation the parties can:

  • Explore all issues arising out of their relationship break up in complete confidence
  • Be impartially informed about and evaluate possible choices
  • Find common ground
  • Work at a pace agreed and controlled by them
  • Work at their own negotiated agenda
  • Find compromise solutions
  • Agree to disagree but reach partial understandings
  • Look forward without judgements about the past
  • Gain understanding, trust and work on better communication
  • Model a co-operative future relationship and not further conflict
  • Think together about their children’s needs and future well-being
  • Work to find comprehensive solutions to all issues including finance, property and children’s arrangements

In addition, mediation reduces financial costs and limits the stress and anxiety that the parties will experience during the relationship break up.

Research studies have shown that family disputes resolved via mediation are less acrimonious than those that are settled through the court system. Furthermore, decisions made by the parties in mediation are more likely to be kept as opposed to court-imposed orders.

Mediation works best when supported by expert family solicitors who should ideally, be instructed from the outset of the mediation process to advise and assist the parties throughout.

When agreements are reached in mediation, if considered necessary these can be converted into legal binding orders by consent with the help of the parties’ solicitors.

Meet the mediators

I strongly support the use of mediation when managing a relationship breakdown, and I am an Accredited Family Mediator.  My contact details are below along with the other mediators in our team:

 

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Author: Sushma Kotecha

Family Mediation Week Day 3: Useful reading material

Day three of Family Mediation Week focuses on the children and child-inclusive mediation, which has already been mentioned by us earlier this week and allows the children to have a voice in the mediation process, and also explains how mediation can help deal with the financial issues.

There is a lot of very useful material available at the website. 

This includes an article by Bill Hewlett “so why should children be included in mediation”, explaining why giving children a voice in the mediation process can be so important, especially for them.

Also featured is an article by the Chair of the Family Mediators Association, Philippa Johnson, emphasising the importance of prioritising the children and communication.

Marcia Mediation explains what mediation is about and how it can be paid for, not just in relation to children but also in relation to the finances as well.

Resolving the financial issues following separation or divorce in mediation is no different from resolving the financial issues through court proceedings.

It is a two-stage process:

Finding out exactly what there is in the way of assets, property, liabilities, pensions and income.
Dividing those fairly, taking into account all the relevant circumstances of each and every case; no circumstances are ever the same.

As we have explained before during the course of Family Mediation Week, mediation can be far quicker, far cheaper and gives those involved in the mediation process an opportunity to be at the forefront of framing an agreement, rather than a judge dictating what the solution is going to be.

Finally, there is a useful article warning of the pitfalls which can undermine resolving matters easily and quickly.

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Author: Graham Coy