What clients might be suitable for the One Solicitor: One Couple process (also known as Solicitor Neutral or Resolution Together)? I’m delighted to be joined in this blog by Dr Angharad Rudkin, a child psychologist, author and creator of the What...
What is mediation?
As an all-issues accredited mediator, I work for you both to sort out a financial settlement and arrangments for the children.
Before I see you I ask that you use The Workbook to really think about what kind of future life you are looking for and to gain insight into your own values and decision making processes.
Initially I meet you both on your own, I call these ‘solo sessions’ so I can see if your case is suitable for mediation and for us to get to know each other. We’ll discuss anything that came up for you in The Workbook. This meeting is confidential unless I have concerns about harm of either you or your children or if you disclose information that breaches the Proceeds of Crime Act - e.g. receiving cash for work and not paying taxes (NB your lawyer can keep the latter confidential).
We then meet together with the three of us (online or in person) so you can decide on the priorities and work towards solutions. You will have as many meetings or sessions as you need (between 2 and 5 is typical).
What is mediation used for?
Following a separation or a breakdown in a relationship
- To sort out arrangements to care for the children creating a parenting plan (see Child Arrangements).
- To sort out a financial proposal for settlement between you. For married, Civil partners and cohabitants.
Relationship formation
Getting all the information together
You will go through a process of mutual financial disclosure (you will swap financail information and documents as evidence). I can help you instruct:
- a pension expert (or a PODE) who will write a report on a fair division of your pensions;
- a forensic accountant to value business(s);
- a tax accountant to work out income, capital gains and other taxes;
- other experts to help us understand your finances.
I can also draft up the legally binding documents you need and or draft the financial remedy order application (known as a consent order).
Essentially, I am here to help you reach solutions that suit you both and the children.
Legal Aid
You can get mediation free from Legal Aid (if financially eligible) or part paid if one of you is not financially eligible. NOTE: I do not offer Legal Aid. Go to https://www.familymediationcouncil.org.uk/find-local-mediator/ and search for ‘Provides mediation funded by legal aid’
The Ministry of Justice (MOJ) Vouchers
If children form part of our discussions e.g. creating a parenting plan, then I will apply for mediation vouchers paying a one off £500 (including VAT) to assist with your costs (the solo session is not included) relating to arrangements to children or children and finances combined.
What are the advantages of mediation?
- Can be online as well as in person.
- You can be in separate rooms (online or in person).
- Not legally binding so possible to ‘fine tune’ and try things out e.g., arrangements for the children.
- Convert your proposals into legally binding documentation (or a consent order). I can draft this for you.
- I can give lots of legal information which saves time and money with lawyers.
- It’s considered the cheapest way to create solutions that suit your family.
- You can try out arrangements for the children to see how they work out.
- I will make sure you are safe and feel heard.
- As it’s voluntary parties usually try and make it work.
- I am an experienced mediator and will help you think of everything you need to consider.
- It’s very quick (depending on everyone’s availability).
- Mediation takes place in the ‘shadow of the law’. So, I can give you an idea of the realm of what a court might order (this falls short of advice) so you won’t agree something that is legally naive.
Does mediation work?
Mediation enjoys high success rates of around 70%. The Family Mediation Council surveyed 122 FMC-registered family mediators in Autumn 2019, who had carried out mediations in 2161 cases over a six-month period.
Additional information
Please see the other pages in this section for more information on mediation types: