Mediation - Resolving the Future

A Hand Morgan & Owen Fact Sheet

Separation and divorce are difficult situations for a family, with a great deal needing to be discussed and resolved at a time when you will already be under emotional stress. Contested court proceedings can be costly and the confrontational environment may add to the pressure on you, particularly where children are concerned.

Mediation gives you and your partner the opportunity to work with a trained and impartial third person, who can help you to consider all the options available. This enables you to keep control of your situation in a confidential and informed setting. You may want to resolve:

• Decisions about the care of children - residence and contact
• Housing arrangements
• The division of possessions and assets
• Financial support for the family
• Separation or divorce.

Mediators assist in reducing conflict, offering a range of skills and techniques that will be tailored to the specific needs of the situation. They will explain these to you and discuss the details of different ways of working with you.

Mediation is not a substitute for legal advice, as mediators don't advise or represent either of you individually. The proposals prepared with the mediator can be summarised as documents, ready to take to your solicitor for legal advice. The agreement between you can then be made legally binding.

• You can come to mediation at any stage of a breakdown in your relationship.
• All discussions are treated as strictly confidential unless someone's life or welfare (particularly a child's) is in danger. Financial information may be used by either party in court proceedings.
• Mediation sessions usually last one and a half hours. The number of sessions depends on the nature and complexity of the issues and the pace at which you feel comfortable. 3-6 sessions is typical.
• The charges for mediation are payable at the end of each session and can be shared between you in any way you agree.

At Hand Morgan & Owen, Shani Carr is an Accredited Specialist of the Solicitors Family Law Association (SFLA) and a trained mediator. The SFLA have a code of practice to encourage solicitors to deal with the legal and practical issues of family breakdown in a conciliatory way and to take full account of the welfare of any children involved

The Specialist Accreditation Scheme is designed to identify lawyers with a proven track record in family law and a specialisation in relevant areas. This means that while you are going through a stressful time, you don't need to place your trust in a complete stranger without any proof of their abilities.

For further advice, contact our family law team at Hand Morgan & Owen in Rugeley on 01889 583871 or in Stafford on (01785) 211411.

Published on web site - April 2007

The contents of this article are for the purposes of general awareness only. They do not purport to constitute legal or professional advice. The law may have changed since this article was published. Readers should not act on the basis of the information included and should take appropriate professional advice upon their own particular circumstances.