Family mediation falls into three distinct categories: child, property and finance, and all issues. The following is a summary of what each of these forms of mediation covers.
However, before continuing, please keep in mind that we recognise that each relationship is unique and that there is no such thing as a ‘one-size-fits-all’ strategy. As a result of this enormous variation, there may be instances where asset issues are considered within a child case or vice versa. All mediation sessions are structured around the attendees’ concerns, with the mediator assisting in the process and resolving any disagreement that may arise during the decision-making process.
Child-Specific Mediation
One of the most contentious concerns for many divorcing couples is deciding how to care for their children. There are numerous viable options for resolving this issue, ranging from co-parenting to sole custody. Kid-Only mediation strives to provide the child with the structure and security necessary for optimal development.
In all child-focused situations, the mediator’s first goal is to safeguard the kid, ensuring that parents prioritise the child’s viewpoints in decision-making.
In certain circumstances, Child Inclusive Mediation, in which the child participates in the mediation session as well, maybe a beneficial strategy.
Mediation in Real Estate and Finance
Couples can accumulate a variety of assets during the course of a partnership, including a family home, a business, pensions, savings, and investments. When you decide to divorce, deciding how to divide these assets can be a difficult and combative process. Mediation
Mediation focused on these aspects of a partnership will require both parties to complete a set of documents that will enable them to determine the value of their assets and obligations.
Due to the complexity of this sort of mediation, it frequently necessitates multiple sessions.
Mediation of Child Arrangement Orders
When parents are separating, co-parenting decisions must be made in the best interests of both parents and children. Our child arrangement mediators are aware that the emotional strain of separation can complicate these decisions. Including an independent mediator in your decision-making process enables you to assess your options objectively, methodically, and non-confrontationally. This will facilitate the separation process and ensure that the voices and needs of your children are heard.
Separation mediation is a non-judicial alternative to court processes that allows you greater control, is more private, and results in faster resolutions.
Service of Family Mediation
Our team has extensive expertise in mediating family disputes, as well as resolving related legal and financial issues. We recognise that separation may frequently be confusing and unpleasant for you and your family, as decisions about property, finances, living arrangements, and child custody are made.
From the beginning to the conclusion of the mediation process, we can offer you all the information and advice you require, answer any concerns you may have, and guarantee that the best decisions for your children are made. Discussions are fully at your leisure and on your terms. We foster a welcoming workplace in which everyone’s needs are considered in a forward-thinking, solution-oriented manner.
Mediation on All Issues
As the acronym implies, AIM proceedings involve mediation involving children, property, and finance. Due to the complexity and interconnectedness of financial difficulties and how a child is to be raised, mediation frequently has to cover a broad variety of issues.
In the aftermath of mediation
While one mediation session may be sufficient to reach an agreement, it is also usual for disputes to be resolved over the course of two or more sessions. In most circumstances, your mediator will provide you with an estimate of the number of sessions that your scenario would likely require. If more than one session is necessary, your mediator will provide both parties with a set of notes following each session summarising what was discussed and what will happen next.
At the conclusion of the mediation, it will be obvious whether or not an agreement has been reached. If so, the mediator will provide you with a conclusion paper summarising the agreements reached. This document may take a variety of formats, which your mediator may discuss with you throughout the process.
Your decisions are not legally enforceable on their own. However, you can petition the court to convert your decision into a legally binding consent order. Your mediator can explain what a consent order is and how to obtain one.
Mediation via the Internet
Our online mediation services are beneficial for busy folks, those who are confined to their homes, those who live in various places, or those who prefer not to confront one another face to face.
We can schedule meetings by videoconference or conference call, which can be just as successful as in-person meetings. Accessing mediation services in the privacy of your own home or another location of your choice can help you feel more at ease and secure during discussions as we work toward a mutually beneficial resolution.
What Is Included in Financial Settlement Mediation?
When going through a divorce or separation, determining what happens to the family home, savings, pensions, income, and even debt can be challenging.
Family mediation encompasses nearly every type of financial scenario that can emerge in a family setting, most frequently as a result of a divorce.
What topics will be covered during Financial Settlement Mediation?
Property
This may include mortgages or the provision of pensions. The type of mortgage is critical, since it may have penalty terms for early redemption, transfer expenses, and other factors that significantly impact the division possibilities available.
Pensions
There are numerous sorts of pension systems, and the way they are valued, as well as when and how they can be accessed, varies.
Pensions exceeding a particular value benefit from and are urged to have actuarial reports. Frequently, other strategies such as pension sharing or offsetting are described in greater detail. A financial neutral can frequently save parties time and money while assisting them in reaching a speedy and inexpensive resolution.
Income
Is one party a sole trader, a self-employed individual, a company director receiving pay and dividends, an employee, or a company?
Income and the manner in which it is obtained make a significant difference; frequently, families are unaware of the effects.
Debt problems
Debt can be repaid or serviced (paid on a monthly basis until it is paid back). The origins of debt are frequently a matter of contention.
Mediation about family finances frequently entails discussing how credit cards were used, consolidating loans, arrears, and mortgages, as well as informal loans from family and friends. Advances on inheritance may also be discussed. Mediation meetings might assist parties in revisiting and explaining how they arrived at their current circumstance.
The contents of private residences or personal possessions
How will contents and personal belongings be shared, and who will be given precedence, if any?
Should the other party be compensated in monetary terms? If so, how is this determined? There are numerous options available here.
These are significant issues because they are personal, which frequently makes them sensitive. Unfortunately, when these issues get entangled and controversial, the cost of litigating them frequently outweighs their true benefit. Mediators assist in diffusing and promoting reality checks in order to avoid these problems.
Family-owned enterprise
Businesses involving the couple, their relatives, or even extended family may involve discussions about employment law.
The mediator’s responsibility is to ensure that both parties understand their financial conditions, including legal, logistical, and taxing difficulties, in order to ensure that recommendations in a settlement are acceptable.
Financial Neutrals may be incorporated into the process. They are specialists in their fields and work within a Mediation process to assist both parties in understanding their alternatives and making family decisions that work for them.
Successful mediations
The involvement of knowledgeable and sympathetic family lawyers is frequently a factor in numerous achievements.
In the majority of circumstances, certain issues will require legal guidance from one or both parties.
Mediators collaborate with Legal Advisers, who are encouraged by the Mediator to provide ongoing legal advice and support throughout the multiple Mediation meetings in order to ensure a resolution that is acceptable to all parties. To be acceptable, an outcome must be understood by both parties and practical in nature, providing for their income, housing, and future requirements, as well as a settlement that the Court can approve. Mediation
What happens if there is no agreement?
If the mediation procedure does not produce the desired result, your mediator will provide you with a set of notes following the final meetings. After closing the file, the Trust will issue (at your request) the necessary court documents to bring the case to court.
Following the conclusion of the mediation procedure
If your circumstances change and the earlier arrangements do not work, you can return to the mediator to amend the original agreement.
If you’ve legally bound an agreement and one party fails to adhere to it, you should evaluate whether the situation can be resolved with the assistance of a mediator. If it is not, it can be enforced in court.
