Divorce and Mediation FAQS

Family mediation is a situation whereby well trained and independent 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 makes 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.

You do according to the desires of your heart. The mediator enables you to find a solution that works for the two of you and provide adequate explanations on how you can make accord to be lawfully binding.

Many people who begin family mediation end up reaching an agreement without having to go to court. Even if you go to the court before mediation, the judge will hear you out unless you have had mediation.

For a 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 go forth to discuss the other joint sessions that you intend to have.

Step 2

An actual mediation session is the next step you take. The number of sessions depends on the family mediator. During this step, you and your partner or ex will have a joint meeting.

A mediator controls the meeting. He or she helps you clarify unclear issues, offers you possible options, and walks with you through negotiations to effectively reach a consensus.

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.

A:

Yes. You are allowed to go along with a family member. It depends on the type of family member you want to accompany you to be your support.

This can be helpful to some victims as well as a hindrance to others.

However, you should put in mind that it is your divorce that you’re dealing with, and merely all decisions entirely depend on you.

For those who cannot express themselves adequately, they can use their family members to help them out with critical issues. Seeking help will minimize the chances of giving in easily.

However, some people may prefer family members but an attorney instead. If both parties agree, then these people can take part in mediation.

Most importantly, the family mediator must ensure that both of you take an active role in decision making rather than leaving it to the attorney or family member.

The accompanying family members are only there to give you moral support.

A:

Nothing is for free.

Mediation is costly and differs based on individual services and from one mediator to another. Some mediator charges hourly while others per session.

However, compared to if you could have gone to court, family mediation is cheaper and quicker. Litigation takes a long time; thus, higher hourly fees are needed to pay the attorney.

The Aspire family mediator will tell you how to go about the payment. In a situation where you are low-income earner, you will have to acquire legal aid for:

• The introductory meeting. It does not matter who qualifies for legal assistance. It can be both or one of you.
• First mediation session. The fee covers for the two of you.
• Other mediation sessions. Only the one who qualifies for the legal aid caters for the fee.
• Assistance from a solicitor like making your agreements to be lawfully binding.

A:

The mediation charges are liste don our website here.

You can also agree with your mediator on a fixed number of sessions. To ensure the costs remain low, it is wise to discuss with your ex-partner before the sessions kick off.

Discussing issues prior to meeting a mediator aids you find a resolution faster.

A:

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:

• Control of your emotions

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.

• Prepare to negotiate rather than argue

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.

• Air out your concerns

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.

• Prepare and organize your financial documents adequately

You can decide to work on these documents separately or together with your ex-partner.

Any option can work out. By being organized, you will gain much confidence and speak in an organized manner without fear.

A: 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.

A: 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.

A: 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.

A: 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. As circumstances change, it is likely that the Father will have more of a role in this and mediation is a great place to discuss a detailed child parenting plan

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 could do your own divorce. However, to gain a consent order you need a solicitor.

A: No, the court deal with divorces in strict order.

A: No, the court deal with divorces in strict order.