Today is day 4 of Family Mediation Week (20th – 24th January 2020), a week long campaign where we encourage conversations about mediation and raise awareness of mediation and its benefits for separating families. Today we take a peek at how mediation can help when discussing and agreeing the division of assets.
How can Mediation help in the separation of assets?
Many mediators are also experienced family lawyers and so can help couples who are separating to divide their finances in an amicable and cost effective way. The process still requires open and honest financial disclosure (in other words everyone has to show their financial information to the other so that everyone is clear what the family finances look like) and discussions take place with the mediator about a future division of the family money so that everyone can move on to their future lives apart. This will typically include looking at each parties’ housing needs, income needs and pensions.
If you are working your way through a separation, then mediation may be the way forward. We have qualified mediators available to assist you and appointments available at any of our three offices, including evening appointments.
If you are working your way through a separation, then mediation may be the way forward. We have qualified mediators available to assist you and appointments available at any of our three offices, including evening appointments.
How family mediation can help resolve family disputes
When separating or divorcing there is often tension between the couple as they embark on a journey to agree the settlement of matters. This can be an emotional, stressful, time-consuming, and expensive time. This is where mediation can really help in allowing the couple to work through each matter in a calm, structured, and non-confrontational way.
A Blog by Shelley Wales.
MIAM stands for Mediation Information and Assessment Meeting, and it is an initial meeting between yourself and a qualified Family Mediator. The purpose of a MIAM is to assess whether your issues can be resolved through the use of Family Mediation, negating the need to take your matter to Court.
A Mediation Information and Assessment Meeting (MIAM) is held between just you and the Mediator. The other party would not be present. The other party would also need to attend a MIAM to formally assess their suitability for Family Mediation and, assuming both assessments provide a favourable outcome, the Mediator will recommend pursuing Family Mediation as a way forward.
A 2020 survey undertaken by the Family Mediation Council showed that “Mediation is successful in over 70% of cases”. This means that in over 70% of cases, separating and divorcing couples were able to reach an outcome through the use of Family Mediation and without the need to take their matter through the expensive, stressful, and time-consuming Court process.
Although there are no strict rules over who pays for Family Mediation, it is typical for all costs to be shared equally. Your Family Mediator will set out the costs for Mediation at the outset so that you are aware of how much the mediation process will cost. The fees for mediation will vary depending on whether you are seeking mediation services for financial matters only, mediation services for children’s matters only, or mediation services for all matters. The costs for mediation will also be dependent upon the number of mediation sessions required to reach an outcome.
For eligible parties, vouchers towards the cost of mediation are available up to the value of £500 (claimed by the mediator on your behalf and apply only where discussions around child arrangements are required) through the Government’s Family Mediation Voucher Scheme.
There is no fixed term for how long family mediation takes. The process can take anywhere from just a few weeks to many months. How long mediation takes depends on the type and complexity of the issues needing to be resolved. Typically, however, Mediation achieves a quicker resolution than that of the traditional Court route, not to mention the reduction of costs and associated stress.
If mediation doesn’t work, then there are a few options. Arbitration is a good way of having a third-party preside over the facts of the case and make a decision on your behalf. The arbitrator will make a decision using the same judgement criteria as a Court however comes without the timescale considerations, the increased costs, and the ruling of a Judge when pursuing the court route. Arbitration dos require both partied to be amenable to this route to resolution. If this isn’t the case, then often litigation through the Courts is necessary.
Another way forward is an Early Neutral evaluation, or Collaborative Law, or having a private Judge (in financial matters) assist by providing an indication and guidance as to how the family assets should be shared.
Family Lawyers, and indeed the Ministry of Justice, are keen to keep divorce matters out of court. It is proven that the use of Alternative Dispute Resolution, which includes Mediation, Collaborate Law, and Arbitration, is a far quicker, cheaper, and less stressful route to resolution. This approach also fosters a better future relationship between the divorcing parties which is especially beneficial where children are involved.
Call us at any of our four offices to discuss further and to arrange an appointment.
☎️ Call our Wakefield office on 01924 290 029
☎️ Call our Garforth office on 0113 246 4423
☎️ Call our Ossett office on 01924 586 466
☎️ Call our Sherburn in Elmet office on 01977 350 500
The content of this blog post is for information only and does not constitute formal legal advice and should not be relied upon as advice. Thornton Jones Solicitors Limited accepts no liability for any such reliance upon this content. Where the post includes links to external websites, Thornton Jones Solicitors Limited accepts no responsibility for the content of such sites. Any link to a third party website should not be construed as endorsement by Thornton Jones Solicitors Limited of any content, products or services which are outside our direct control.
