In their 3rd podcast of the series, Chris Lloyd-Smith and Maria Ramon discuss a number of problems with and difficulties that can arise in mediation and the mechanisms they use to overcome them.
Again, the family mediator will not make decisions for you or give advice, but they will assist you in reaching conclusions yourself. This will allow you, as a separating couple, to decide on the arrangements for your children.
When conducting family mediation, relating to children, mediators may try to bring the child into the room. Throughout the family mediation process, starting with the Mediation Information Assessment Meeting (MIAM) appointment, we stress the importance to parents in making child-focused arrangements. We would ask parents what they think their children would say if they were here, and try to understand how they are dealing/coping with things. This will allow the mediator to explore what the parents feel the best outcome would be for the children. We can also directly involve your children in the family mediation process. If conclusions regarding your children are reached in family mediation, we provide a Memorandum of Understanding outlining what has been discussed if proposals have been made and solutions have been reached. This document can then be used by you and your solicitor to prepare a parenting plan for you, your partner and your children.
Because of our experience as family solicitors, we can provide you with legal 'information' as part of the family mediation process - but not 'advice'. The basis of parenting plans, which set out arrangements in respect to their children, can be proposals made in mediation. Unlike Memorandums of Understanding, parenting plans are open documents and so can be disclosed to a court in the event an issue subsequently arises.
We are happy to talk to you about family mediation for separating couples with children and how it could work for you. We also provide family mediation services for:
You may find these resources helpful:
Other organisations that can support you with marriage counselling, citizens advice, domestic violence and parenting support can be found here.
At Anthony Collins Solicitors, our Accredited Family Mediators are able to give independent and impartial legal information to parties going through separation matters. We are, however, unable to provide legal advice as that is a matter for parties own legal advisors. We appreciate however that not everyone coming to family mediation wants to or can afford to instruct a solicitor. For those that don’t or can’t, understanding how a court would consider resolving a financial matters on divorce can be a daunting task. In family mediation we do not try to find the best result for you but a conclusion that you both are comfortable with. Nevertheless it is often helpful to parties to understand how, if the they are unable to reach conclusions in family mediation a court would approach their financial matter and what factors a court would take into account.
The Family Justice Council has provided guidance on this issue. Parties to family mediation, especially those without solicitors, are encouraged to read this document when coming to family mediation to learn more about how courts would approach their financial matters, if asked to do so.
Our mediation services are charged at a competitive hourly rate, on a pay-as-you-go basis to help you manage your cash flow. Fees are set at £120 (including VAT) per person for a MIAM, £180 (including VAT) per person, per hour for sole mediation and £210 (including VAT) per person, per hour for co-mediation. Child-inclusive mediation is £180 per hour (split equally between the parties.)
On average mediation sessions last for one to two hours and the service usually includes all pre and post mediation administration, including routine correspondence, telephone calls or emails.
If preparation for your session is required, for example for consideration of documents or you require a summary of any session, then this will be charged at £180 per hour (including VAT).
If an agreement is reached there will be a charge for the preparation of the document recording it of £180 per hour (including VAT).
In cases where the joint income exceeds £100,000 per annum and joint assets exceed £1million, or where financial disclosure is copious and complicated, issues and risks may be more complex and the above rates may not apply. We will discuss your options with you before we proceed and aim to agree an appropriate rate with you, depending on your individual requirements and circumstances.
The Family Solutions Group (FSG) recommends a shift away from adversarial family proceedings, to a child-centred, holistic approach to family separation.
For part 1 in this series of short podcasts, Chris Lloyd-Smith interviews solicitor Puja Desai on how she has been coping during these unprecedented times.
Chris Lloyd-Smith and Maria Ramon discuss mediation, what it is and why they chose to train as mediators in their first of 3 mediation focussed podcasts.
The Government response to the Covid-19 pandemic is unprecedented. For the first time, the vast majority of the population is being forced to remain indoors for an unknown period.
Despite its eternal charm, Christmas is stressful. This pressure can only be sustained for so long and can accentuate fracture points in a person’s marriage.
A big fear for some people facing divorce and the inevitable carving up of the matrimonial assets. They seek assurances that such assets will be “ring-fenced” and retained for them.
Arising from the recent Family Division announcement, people who think they are legally divorced may in fact still be married.
Anthony Collins Solicitors (ACS) won four awards at the Birmingham Law Society Awards last night (8 March 2018), including Law Firm of the Year (16 partners or more).
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