Despite some of the legal and ethical complexities that exist around it, surrogacy is on the rise, both in Britain and internationally. Demand is strong - and growing fast. While many countries don’t formally record the number of children born via …
These days, more and more of our clients are opting to use a mediator to help them to finalise matters with their former partner or spouse. We are frequently asked the following questions about the process.
What is family mediation and what do mediators do?
Mediators help couples work out what happens after they split up. They don’t try to bring couples back together. Mediators help couples through the tricky bits of discussions about children and finances.
Mediators make sure that couples have the information they need to reach agreement. If the discussion is about finances, then each party will be expected to produce information about their financial position before negotiations start.
Once agreement has been reached, the mediator will record it in a document called a Memorandum of Understanding.
Why is it a good thing to try family mediation?
- Family mediation is typically a less stressful way of sorting things out than going through court. Although it can sometimes be hard work to be in the same room as your ex, a family mediator is there to keep things on track. The process helps people to focus on the aims they have in common rather than battling against one another.
- Family mediation is cheaper than going through a long drawn-out court battle. Usually matters can be dealt with over three or four sessions. The cost is often split between the parties.
- Family mediation works by helping people find practical solutions that feel fair. Because there is no to-ing and fro-ing between solicitors, it’s often easier for couples to come up with creative and practical ways of dealing with difficult issues which might otherwise fall down in the detail.
Those involved in family mediation are encouraged to take legal advice whilst the process is ongoing. That way, they can check out with their solicitor between each session that the agreement being developed is fair.
If the process doesn’t work out, the discussions will remain confidential and can never be referred to by solicitors or in court.
Any agreement reached can, however, be made legally binding if the parties wish.
Here at Clarion, we are delighted to be able to offer family mediation to those interested in exploring a better way of resolving their differences. If you are interested, please don’t hesitate to contact Justine Osmotherley or more information on 0113 336 3323.
As a family lawyer over the years I have helped a number of grandparents who have questioned their rights and for various reasons have been stopped from seeing their much-loved grandchildren.
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