Have you separated with your partner, ending a civil partnership, have just split up, and now you want to know what's next?
Family mediation is when our Aspire family mediator helps you and your ex to work out on issues like payments for child maintenance, arrangements for the children, and money matters.
The purpose of family mediation is to enable you to get effective solutions in a supportive and positive manner concerning divorce, family separation, or separation.
Family mediation helps you be in control of all the decisions you make. Unlike the court, in this process, nobody makes decisions for you and forces them on you.
Your mediator enables you to find a solution that works for the two of you and provides solutions on how you can resolve your disputes and disagreements.
Many people who begin family mediation end up reaching an agreement without having to go to court. Nowadays the courts in most cases will insist that you explore and attempt mediation prior to applying to court.For family mediation to be effective, the following steps should be followed:
Step 1
Mediation Information and Assessment Meeting (MIAM), is often the first step. As the client, you have the opportunity to openly talk to your mediator concerning your problems and give out suggestions concerning the whole process.After that, you will discuss the other sessions either joint or alone with your mediation that they feel you need to have,
Step 2
The number of sessions depends on the family mediator and the needs they feel you have. During this step, you and your partner or ex will meet with your mediator either jointly online or individually in a shuttle mediation scenario, Your mediator guides the meeting. They will help you clarify unclear issues, offer you possible options, and walk with you through negotiations to effectively reach a decision everyone can agree on.
Step 3
This is the final step and entails the family mediator documenting whatever you have agreed upon with your ex. In case you wish is it to be legally binding, then you can involve a solicitor.
Yes. You are allowed to attend mediation with a family member. It depends on the type of family member you want to accompany you to be your support.
It is your divorce that you’re dealing with and ultimately the decisions are yours to make.
For those who cannot express themselves adequately, you can use ask family members to help them out with critical issues. Seeking support will minimise the chances of feeling overwhelmed.
However, some people may not prefer family members as support during mediation but a solicitor or legal professional instead. If both parties agree, then they can take part in mediation alongside you.
The family mediator will ensure that both of you take an active role in decision making rather than leaving it to the attorney or family member. Your accompanying family members should be there to give moral support if needed
Mediation can vary in cost and can differ based on your needs. There is mediation financial support available with Legal Aid and the Family Mediation Voucher Scheme and your mediator will be able to explain both and advise if you qualify
Compared to the cost of taking your issues to court, family mediation is cheaper and quicker. A court process can take a long time; and will have higher hourly fees and greater costs payable to your legal representative.
The Aspire family mediator will be able to discuss your options and find the best solution for you.
The mediation charges are listed on our website here.
You can also agree with your mediator beforehand on a fixed number of sessions. To ensure the costs remain low, it is wise to discuss with your ex-partner before the sessions begin. The Family Mediation Voucher Scheme and Legal Aid are financial support option that you may be eligible for. Speak to your mediator to find out more.
What you say in mediation is very important. It will determine whether you reach an agreement or not.
Here are a few tips to help you stay in control of what you say:
You should be composed and in full control of your feelings to avoid getting overwhelmed. Also, be kind to yourself and seek support from family members and friends. Do not use hurtful words on your ex-partner.
The fact is you cannot change your past. Both of you should focus on the proactive process. Arguing cannot work in this scenario; however, negotiating can effectively work for your benefit.
Your concerns are essential. Learn to put your worries on the table so that they help you to be a productive co-parent and have yourself the peace of mind.
You can decide to work on these documents separately or together with your ex-partner. Any option can work out.
This is not necessarily the case. Unless a solicitor has drafted a consent order, there is the potential to make legal claims against the assets of the other party for years after you have been divorced.T
This is not the case, the two things are quite separate from a legal perspective. Only the Child Support Agency can help you initially in terms of unpaid child maintenance. You can not use the threat of not seeing children as an incentive for your ex-partner to pay child maintenance
Very rarely is this a case for the court to award a higher payment. In some cases, the person who has committed the adultery will have to pay a notional charge for court fees
A: This is very unlikely – you may never have to set foot in a court.
Of course, you can oppose the divorce but there is no legal precedent for a court maintaining that a couple must stay married if one partner does not wish to maintain the relationship. If one party wants to get divorced, there is really no escaping that fact, and you should obtain legal advice of your own.
A: This is not necessarily the case. This is why mediation is a great place to discuss a detailed child parenting plan that everyone agrees on.
A: This has become somewhat of a cliché but this is just one of several different childcare arrangements that can be agreed upon. We find that the majority of parents agree on a time sharing split.
A: Not necessarily, you can apply for a divorce without the need for a solicitor, however to gain a consent order you will need a solicitor.
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