What is Mediation Dudley?
Mediation Dudley is a process where a trained and qualified mediator helps you and your ex-partner resolve issues after a breakup.
Child custody issues can include who will raise the child and how many contacts they will have with each parent.
Mediation is most commonly used to resolve financial issues such as property, savings, pensions, and debts.
Mediation is now required (with some exceptions) before filing a court application to resolve child or financial issues. In many cases, it is less expensive, faster, and less stressful than negotiating with a solicitor.
Why is it better than Court?
Court proceedings can be very costly and time-consuming. They can cause further damage to relationships and ultimately lose control over final decisions. In court, the final decision may be made by a Judge who does not favour one or both parties. Mediation on the other hand, allows both parties to speak and hopefully reach a satisfactory resolution.
Court battles are also very pricey In most cases, you will be paying your lawyer hourly, and a court hearing can last several hours. Mediation fees are usually clearly stated upfront, so both parties know exactly what they are paying for.
Mediation has nothing to lose but could save you a lot of time and money.
To achieve mutual agreement on practical issues, a couple engages in mediation with an independent qualified mediator.
What distinguishes family mediation Dudley?
Principals of family mediation Dudley:
The parties can leave mediation at any time and do not have to continue if they do not wish to.
The couple makes decisions, not the mediator. It is the mediator’s job to manage the session, gather information, identify options, and weigh each one to help the couple choose the best outcome.
The mediator can provide neutral information, like a textbook. The mediator does not give legal advice to either party, but can advise both parties to seek independent legal advice if the proposals discussed in the mediation are outside the range of outcomes expected by a court.
Due to the approach to confidentiality set out in the agreement to mediate, the parties are free to discuss their positions openly (which both parties and the mediator sign). The agreement to mediate, similar to a therapist’s confidentiality, specifically acknowledges an agreement not to call the mediator to give evidence or produce their notes. The mediator, along with other professionals working in this area, has an overriding safeguarding duty to protect the vulnerable and alert the relevant protective authorities if there is any suggestion of harm to any child or adult. The court may also order the disclosure of information, though the court will be aware of the need for confidentiality as part of the process.
A “Memorandum of Understanding” contains the outcome proposals that are the result of negotiations conducted in the mediation as opposed to details of the negotiations themselves (which are without prejudice, but will nonetheless be shared with any lawyer acting for each party, but who has t An “Interim Summary” in one of the above forms may be produced as a working document within the mediation.
Regarding the Financial Summary, the mediator will prepare a schedule of assets and options, along with net-effect schedules, for the parties to review during the mediation.
The parties “what if” options and “reality test” them to see if they work for both.
A mediator will set out the parties’ proposals in a Memorandum of Understanding, which is then released to the parties’ solicitors to prepare a consent order if a full agreement has been reached after legal advice.
Working with others. If both parties agree and want to hire a third party who is a trusted advisor and can provide neutral information. For example, both parties may have used the services of a trusted independent financial adviser who can provide information and help work through the implications of any options discussed.
Why use family mediation Dudley?
The parties can take the mediation at their own pace. Some people prefer to discuss issues over several sessions, while others prefer to move quickly. The parties will have an opportunity to discuss pacing with the mediator and determine the number of sessions and timeframe required. Mediation is often viewed as less contentious than litigation. With the help of a mediator, the parties will brainstorm ideas and solutions. They will present information in a way that they both understand. The mediator will check the disclosure for any discrepancies. The fact that the parties are in mediation does not mean that disclosure is less strict. Mediation allows parties to seek as much or as little disclosure as they want, provided they understand their finances.
Cost
Alternatives to mediation Dudley often cheaper. However, if one party is financially stronger, they may be willing to pay for the sessions without affecting the mediator’s neutrality. Most sessions are 1.5 hours long. There are, however, separate costs for the solicitors representing the parties outside of the process, such as considering disclosure, preparing asset schedules, and preparing net-effect schedules, that must be factored in.
Outcome
Rather than relying on a third party, such as a judge, arbitrator, or even a lawyer, the couple decides what is fair to both of them. While there is normally a cost and a benefit to both parties, they consider the outcome to be balanced. This should help both parties emotionally accept the outcome rather than having it imposed on them.
