When I did my mediation training 8 years ago we were told that the mediation process involved meeting each person individually, followed by a series of joint meetings during which decisions were hopefully made. We would then write up the proposals and financial circumstances, and each party would go and see separate lawyers to take advice and have the legal documents drawn up. This process works perfectly well for lots of separating couples, but not for everyone. At Arch Family Mediation we want to give our clients the best possible chance of reaching resolutions without going to Court, so we have the following options for couples which will be actively considered throughout the mediation.
Obtaining an opinion from an independent lawyer
For all sorts of reasons some couples might find it difficult to reach a resolution. For example there might be a significant gap as to what they each consider fair which has been difficult to bridge during mediation. Receiving advice from lawyers does not always resolve the issue. In this circumstance, we can arrange for an independent lawyer to attend a mediation meeting to provide an opinion as to what a fair outcome might look like legally. In advance, the lawyer would have been sent the schedule of assets prepared during the mediation, any relevant documents such as property particulars and mortgage capacities provided by the parties, and a summary of what each party believes would be a fair outcome and why. The appointed independent lawyer would attend a mediation meeting, provide their opinion and answer any questions. Lawyers could also attend to listen to the opinion. The parties would then have an opportunity to consider things before the next meeting where further discussions would take place. This would incur additional cost of both preparation and the independent lawyer, but would be far more cost effective than a Court application, if it assists.
Signing up to arbitration
Sometimes, people want to resolve things through mediation, but are sceptical about the chances of success, and are therefore concerned that mediation will just delay an inevitable application to the Court. They may also be concerned about their ex-partner using mediation to delay a final decision. One option to address this is for parties to sign up to arbitration at the start of the mediation process. An arbitrator can be agreed upon and a date pencilled in, so people have the reassurance of a back-up plan, and so that they don’t necessarily have to start the whole process of disclosure etc again if mediation ceases and a Court application begins. This can be particularly helpful where both parties have lawyers.
Please don’t hesitate to contact Carrie Rudge on 07476012552 if you would like to discuss either of these options or family mediation more generally. We are based in Oxfordshire and can see clients in Summertown, Abingdon, Milton Park, Oxford, or online. We help clients with mediation for divorce, separation, resolving finances during divorce and arrangements for their children.
