What issues can be resolved in mediation? What is mediation?

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3 What is mediation? Mediation is a non-confrontational and cost effective process for resolving family disputes which helps clients make decisions together. The mediator(s) are neutral and offer a safe and confidential forum for couples and other family members to discuss the issues they face and come to agreements which will work best for everyone in the future. Any agreement reached in mediation will ultimately need to be implemented by the lawyers. Increasingly, clients who need to sort out family issues have chosen mediation in preference to the traditional legal process. What issues can be resolved in mediation? Almost any family dispute can be resolved in mediation. At FLiP we deal with many issues including the following: Divorce and separation Financial claims on divorce whether complex or not Interim or final arrangements regarding settlement Issues concerning children such as where they will live or how often they will see each parent International relocation of children Civil Partnership dissolution and financial claims on dissolution Disputes between cohabitants Inheritance disputes Children s education Review of any financial orders e.g. spousal maintenance Partial issues as aspects of a larger dispute Pre nuptial, civil partnership and cohabitation agreements

4 When should mediation take place? Mediation can take place at any stage. It is often better (but not essential) to mediate early before views become too entrenched. Mediation is an alternative to a legal/court process. Most often we see couples before court proceedings are started but it is not uncommon for lawyers to refer their clients (or for couples to refer themselves) once proceedings are started in the hope that all or part of the legal process can be avoided. Sometimes we see couples who have gone a long way through a court process who wish to avoid the cost and stress of a final hearing. We have also mediated disputes after a final hearing where either/both parties are unhappy with what the court has ordered and an appeal is pending or threatened. Similarly we have mediated just before costs are incurred in an appeal hearing. It is rarely too early or too late for mediation. What are the benefits of mediation? Mediation offers a safe and confidential forum for resolving family disputes. Because it is confidential from any court process it enables discussions and concessions that would not be possible in a court process. This means that agreement is much more likely. Mediation also helps couples to develop strategies for dealing with problems that may arise in the future. Mediation is considerably cheaper than any legal process.

5 Benefits include: Control of outcome views can be expressed and heard and decisions made Creative options and workable solutions tailored to individual families Improved communication and understanding of issues including finances Avoids stress and threat of Court proceedings Time and timing of sessions are under couple s control Voluntary agreement by both parties rather than court-ordered no winners/losers New strategies for dealing with future problems especially when there are children Privacy - important for families/couples in the public eye Cost effective and significantly cheaper than other options Agreements can easily be put into a legally binding format

6 What happens in mediation? After an initial intake telephone conversation or meeting with each person, couples will attend the mediation, which generally consists of a number of meetings with one or two mediators. In advance of the mediation we ask for each person to complete a referral form. We also send them an agreement to mediate which outlines the principles of mediation. At the first meeting the mediator(s) go through this and explain the concepts of mediation to the couple and the agreement is signed at that first meeting. The couple are asked to expand upon what they have said in their referral form, including their priorities and hopes for the process. Any pressing issues will be discussed and possibly resolved at the first session. We then will agree with the couple what needs to be done before a subsequent session. This will often include obtaining financial disclosure and securing of other information and advice that will enable various options to be discussed and for the mediation to reach a successful conclusion. If there are court proceedings and much has taken place within those proceedings we will usually ask for a summary to be prepared in advance and agreed by the couples lawyers to save time in mediation.

7 What do I get from mediation? At the end of the mediation process the mediators will prepare two summaries: an Open Summary of Financial Information and Disclosure produced in mediation; and a confidential and legally privileged summary of the discussions and agreements (sometimes called a Memorandum of Understanding (MOU)). The Summary of Financial Information and Disclosure is prepared in a similar way to disclosure for court proceedings and so, in the unlikely event that the couple are not able to agree, this document can be referred to in any other legal process. The summary of discussions and agreements however cannot be referred to in any court process until converted into a legal agreement by the couples lawyers. Both documents are sent to the couple and often also to their lawyers following conclusion of the mediation process. Where children issues are concerned the mediators may also prepare a more detailed Parenting Plan with and for the couple and their children. Other interim documents can be prepared if needed. How does mediation fit in with the legal process? Mediation does not replace legal advice and often works best when the couple also have support for mediation and legal advice from their own lawyers. Many couples will take legal advice before mediation so that they have an understanding of the legal process and the sort of outcomes they might expect from that process. Some couples will take advice between sessions so that they are able to consider options discussed in mediation against what might be expected from a legal process. Whilst legal advice is not a prerequisite to mediation we will always recommend that mediated agreements are checked out by the couples lawyers before being converted into a legal agreement. Lawyers (or other professionals, such as accountants) may also be invited to join the mediation where it will assist the discussions or to draw up documentation. Mediators can give legal information but not legal advice to individuals or the couple.

8 Mediation information and assessment meetings (MIAMs) From 6 April 2011 everyone wishing to start court proceedings in relation to children or to make a financial claim on divorce (except where certain exemptions apply) is required to first go for a meeting with a mediator to hear about mediation and other out of court options for settlement before starting proceedings. The mediator will also make an assessment as to whether the case is suitable for mediation. Mediation information and assessment meetings are part of what we offer at FLiP. Children & young people in mediation It is important that the views of children and young people are taken into account in issues that directly involve them. Not infrequently parents will have very different and genuine beliefs about what is best for their children and what their children want. Parental conflict is hard for children. They may find it difficult to discuss these issues with either of their parents, particularly as they may feel disloyal or worried that one or both of their parents will be upset. Two of the mediators at FLiP are trained to consult with children and, where the parents agree, will see children and young people and feed their views (with permission) back into the mediation. This can be incredibly powerful and will often enable parents to reach consensual workable arrangements for their children. It also can be instrumental in helping children see their parents working together post separation/divorce and continuing to make good decisions which impact on them.

9 Why Family Law in Partnership? FLiP mediators are amongst the most experienced mediators in the country. We have the largest integrated mediation practice, are known and trusted by the legal community and take most of our referrals from the best family lawyers in London and surrounding areas. Many of our mediators play key roles in the development of mediation in the UK. We are known to be at the cutting edge. Our response is flexible and the model of and approach to mediation is tailored to client needs and particular circumstances. Most importantly our track record for getting to lasting agreements and enabling couples to have good post separation relationships is second to none. Mediation helped us to reach a fair agreement Very helpful and professional and very experienced It was useful having someone to explain how the kids may feel Photo: Back row, left to right: Gillian Bishop, James Pirrie, Dominic Raeside, Ruth Smallacombe and Bradley Williams. Front row, left to right: Daniel Coombes, Nicole Hackett and David Allison.

10 Other services Mediation is only one of many services offered at FLiP. We are a niche family law practice and although our focus has always been on resolving disputes constructively, we do act for individuals going through divorce and separation within the context of court proceedings. Of course we will always try and avoid court proceedings if this is possible. Sometimes however, court proceedings are the only option. We have represented clients in a number of high profile cases and had several successes in the higher courts. FLiP was instrumental in introducing collaborative practice to the UK. All partners are collaborative lawyers as are most of our assistant solicitors. Our therapists work as family consultants within the collaborative process. They also provide emotional support to clients and give expert advice and assistance in relation to issues concerning children. For couples who want to improve their relationship or explore whether they wish to separate we offer couples counselling and for individuals and couples about to embark upon mediation or court proceedings we also offer preparation and support. FLiP is one of only two services in London to offer parenting workshops which offers an informative informal forum for any separating/divorcing parents who are concerned to do the best for their children as part of the Resolution Parenting After Parting initiative. If you want to talk through any of the options, please contact us. Is my case suitable for mediation? Mediation is not suitable for every couple nor for every issue. For mediation to be successful it is vital that the couple feel safe and able to discuss difficult and often sensitive issues openly. A history of domestic abuse or a significant power imbalance may mean that a case is unsuitable but not always so. Mediators are skilled at addressing power imbalances and communication difficulties. Although mediation will usually take place with the couple and mediators in the same room, where this is difficult or impossible the mediators can move between separate rooms so that the couple have very little or no contact. This enables us to mediate a much wider group of people. Most importantly the couple must have a desire to resolve the issues they face by agreement and outside of a court process. This means a commitment by both of them and a willingness to compromise on occasions. In more complex disputes or those involving more than two people or wider family groups we offer caucused or shuttle mediations in which parties may attend with their lawyers. Some mediation may be conducted over a period of a day or more if circumstances require it. Please let us know if you believe this model would be of assistance in your situation. If you are unsure whether your case is suitable for mediation please speak to one of our mediators.

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