Do I need a solicitor?
Your mediator may encourage you to consult a solicitor if appropriate. A mediator can give you legal information but not advice. Many people use both the services of a mediator and a solicitor in going through a separation or divorce. This is a cost-effective and time-saving route.
Is any agreement reached legally binding?
Mediation agreements are not legally binding and rely on the couple to put into effect what they agreed. You can take the mediation proposals, which are often referred to as outcome documents, to a solicitor for a legally binding agreement to be drawn up. Outcome documents could include an open financial statement, a memorandum of understanding and a parenting plan.
What is shuttle mediation?
Shuttle mediation is for people who don’t feel that they can sit in the same room, or virtual space, to mediate. The mediator will move from room to room (or virtual space to virtual space) to mediate between both parties.
Is family mediation compulsory?
No, it isn’t. You may have heard about compulsory Mediation Information and Assessment Meetings (MIAMs). New government rules mean that mean that most divorcing and separating couples in England and Wales who want to use the court process to resolve any questions about children or money must first show that they have attended a MIAM before applying for a court order.
However, mediation itself is always voluntary. if you try to mediate, and it doesn’t work, the court will not be told why, or who decided to end the mediation.
