Mediation
Mediation is an alternative way to separate or divorce. It allows you to work through your situation to find the best way to resolve any issues involving your finances and/or your children.
The Ministry of Justice have released a video that explains the process and how separating couples make the best decisions for their future:
What are the benefits of mediation?
While this process offers divorcing or separating couples a very different path to more traditional family law solutions, the reasons you may wish to consider mediation include:
- It keeps channels of communication open
- It provides a neutral environment which can reduce tension and hostility
- It will help you make more informed decisions based upon your personal circumstances
- It can help couples avoid costly legal battles
- It will show your children you can still work together to resolve the most important issues
What does mediation involve?
The first step is to arrange a (MIAM) appointment. If you and your partner would like to mediate (and we encourage couples to contact us direct but alternatively solicitors can also refer any of their clients who would prefer mediation) and we consider mediation to be suitable, we’ll arrange a date for your first joint meeting.
During the meetings you will have the opportunity to have your say and put your points of view forward. Your mediator’s role is to make sure you are both heard.
Throughout the process your mediator will remain totally impartial so they can manage the process, gather the necessary information, provide what you need to make informed decisions and make sure your options are workable before summarising the decisions you’ve made.
Although each mediation is different people generally require between 3 and 6 sessions of about 2 hours each and you’ll be able to discuss any of the points raised with your own solicitor between meetings.
At the conclusion of the process your mediator will produce comprehensive documents for you including a Memorandum of Understanding which will set out the proposals you reached during the mediation and a Financial Statement that sets out a summary of your final financial disclosure.
How much does mediation cost?
Meetings can take place at our offices in Pinner or online.
The first step is to arrange a Mediation Information Assessment Meeting (MIAM)
Each party attends a separate confidential information meeting. The charge for each meeting is £200.00 plus VAT (£240.00).
The meeting lasts between 45 minutes to one hour and the fee includes all correspondence with you and your partner and if appropriate the issue of the Mediation certificate, if it is considered that Mediation at this stage is not appropriate.
If you both decide to proceed with Mediation, then the following charges will apply.
The hourly charge per person is £175.00 + VAT (£210.00)
The meetings are held for between 1½ – 2 hours. Although each Mediation is different, most people require between three – six sessions, depending on the issues.
There is no charge for routine letters and telephone calls, which in Mediation are kept to a minimum.
The following additional charges may apply, which are charged on the hourly rate of £350.00 + VAT (£420.00). All charges will be agreed with you beforehand.
- Pre-Meeting Preparation. This could be the review of your financial disclosure or draft parenting plan (1½ – 2 hours);
- Preparation of a Summary of Outcomes following each Mediation session, where requested. This is a helpful summary of the issues discussed and the action points for the next meeting. It can be shared with your legal advisor for support in between the meetings (30 minutes – 1 hour);
- Interim summaries prepared where requested (usually 2 hours);
- Final Open Financial Statement. This will summarise all financial information that both parties have provided during Mediation (usually 2 hours);
- Final Memorandum of Understanding. This will summarise the issues discussed and the proposals reached. It will set out in tabular format the proposals for each asset. This will assist your legal advisors in preparing the Consent Order for the Court (usually 2 – 3 hours).
Family Mediation Voucher Scheme
All of our Mediators take part in the Government Voucher Scheme. A voucher of £500 can be applied for where there is:
- An issue or potential issue involving a child;
- There are discussions regarding your family’s finances if you are also involved in discussions relating to a child.
Your Mediator will discuss your eligibility and will make the application on your behalf.
We are not able to offer Legal Aid (Publicly Funded Mediation).
Child Inclusive Mediation
Where it is considered that it is useful for the Mediator to meet with the children and where both parents agree our trained, experienced Child Inclusive Mediators will meet separately with the child(ren). The time will be charged on the hourly rate of £350.00 + VAT (£420.00).
Payment Terms
Each of you is individually responsible for your fees unless it has been agreed at Mediation that one of you will be responsible for them all. We will ask you to pay for each Mediation meeting before the start of each meeting.
Cancellation
We reserve the right to raise a cancellation charge of £75 plus VAT per person in the event of cancellation of a Mediation session with less than 48 hours’ notice.
If you would like to find out more about how mediation could help you please contact us at Bernadette.Hoy@CollinsHoy.com, Aisling.Collins@CollinsHoy.com, Elizabeth.Sulkin@collinsHoy.com or Kate.Moran@Collinshoy.com on 0208 866 1820.