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FINANCE MEDIATION

Family mediation can help you and your ex-partner agree on how to divide your money and property following your separation. It can help you agree on how you’ll divide your assets, including:

  • pensions

  • property

  • savings

  • investments.

It is normal for one party to have more information about the finances than the other. Our family mediators support you to ensure you both have all the information you need to make decisions about your financial separation. We can help you to address questions such as: 

- Where will everyone live? 

- What will happen to our home? 

- How can I afford to live? 

- How should we handle pensions? 

- How are savings and debts treated?

Using a calculator in finance mediation

Our mediators will help you to find a solution that works for you both and will explain what needs to happen to make an agreement between you legally binding. The process is less stressful and significantly quicker than going to court and can save you money. Legal aid is also available if you are financially eligible. 

How many sessions?

It is recommended to have 3 to 5 mediation sessions, each lasting about 90 minutes. At the end of each session, you will have an action plan to ensure that you are well prepared for the next one. The progress made during each session will depend on how organized and flexible you both are, as well as the financial and emotional complexity of your situation.

 

You are legally protected throughout the mediation process, and anything you discuss during these sessions cannot be used against you in any legal proceedings without your consent (except in cases where safeguarding is necessary). 

What is the process?

While there is some flexibility to shift the order of events to suit your individual circumstances, the stages of mediation typically follow a set pattern.

1. Identify the issues - What do you need to sort out? E.g. house, pensions, debts, children issues?
2.
Timeline - A shared exploration of key dates to help explain and inform subsequent decisions.
3.
Exploring the Issues - Illustrate your situation and inform a personal action plan.
4.
Principles - The things that are most important for you e.g. you might want the children to remain in the family home or to ensure a fair division of assets.
5.
Detailed Disclosure -

  • Married/Civil Partners-full disclosure and supporting evidence of all assets, liabilities, income, and pensions (plus expenditure where relevant) is required to make arrangements legally binding.

  • Unmarried-have a choice about the limits of disclosure and you will need to decide what disclosures are relevant to your decision-making.

6. Production of the Open Financial Statement - a schedule of the facts of your financial situation; as it is factual, either of you can use this, for example, to take legal advice about options.
7.
Option Development - Starts when all relevant information has been disclosed, to ensure you are making well-informed decisions. You will each have a preferred option and have the opportunity to think of other possibilities too.
8.
Further Action Planning - What further information do you need to reality test your ideas and make sound decisions? E.g. if proposing to buy out your ex-partner via a mortgage, the plan would include exploring mortgage offers or you might want advice on pension options.
9.
Exploring and Narrowing Options - By this stage the options have begun to narrow. You should have had the benefit of legal advice and have ruled out some options as unachievable or undesirable.
10.
Agreed Proposals - Negotiating any outstanding issues to reach mutually acceptable agreed proposals. Making sure everything has been considered and covered.
11.
Memorandum of Understanding - A record of your decisions, why reached, and how and when they will be achieved. It is legally privileged so it cannot be used in any legal proceedings without the consent of you both. This document forms the basis of any legal orders that are needed to make the arrangements legally binding.

Complete our referral form now to get things started

THE MEDIATION PROCESS

You can refer yourself directly or via your solicitor, by completing our referral form.


However you contact us, you can be assured that your conversation will be confidential. We will then arrange for you to attend an initial meeting at the earliest possible time convenient to you. Next-day appointments are available.


Mediation Information and Assessment Meetings (MIAMs) are usually attended separately. In this meeting, we will give you information about mediation and will ask you some questions so we can work out together whether mediation is suitable for you.  Mediation is a voluntary and confidential process. There is no pressure on you to proceed if you don’t wish to.


If you, the other party and the mediator feel it is right for you, you will then move forward to mediation. Our mediators are trained to manage conflict and to ensure an environment that encourages each of you to contribute equally. You may be distressed, angry or in financial crisis; where appropriate we can signpost you to further help from the right support services.

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WHY CHOOSE MEDIATION?

  • It is a cost-effective way to resolve disputes.

 

  • It promotes positive communication and can help to reduce tension, anger and misunderstanding.

  • It focuses on fair solutions. You stay in control of the decision-making.

  • It is more likely to produce lasting agreements and create better outcomes for children than court-imposed decisions.

CLIENT FEEDBACK

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"Relaxed environment, very open communication. Easy to speak to the mediator. Would recommend their services."

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"Amazing session today with Laura! Thank you so much for your help and all the information provided."

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"Very supportive & understanding. Makes sure the persons best interests are met."

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