Family Mediation Solicitors
When it comes to family disputes, most people wish to keep their dispute outside of court. It’s stressful, takes up extra time, and can be expensive.
This is where family mediation can be an excellent solution. It’s confidential and voluntary, giving families the space to meet and resolve their differences without having to go to court.
Our family mediation solicitors are experts in helping families solve disputes about children, finances, property, and more in a calm and amicable way.
For more information on family mediation and how we can assist you, please read on or get in touch.
Family Mediation Specialisms
How can our family mediation solicitors assist you? Our main areas of expertise are listed below:
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Divorce
Divorce
Mediation is frequently used in divorce, where an agreement can’t be reached independently. Our qualified and experienced family mediators will be there for you at every step of the way, helping you and your ex-spouse come to an agreement that works for everyone involved.
Family mediation is ideal for divorcing couples who cannot agree about child arrangements, financial matters, the division of property and other assets, debts, or anything else you may be disputing about.
Keeping your dispute out of court with mediation has plenty of benefits, including huge time and cost savings.
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Child matters
Child matters
Family mediation is a common way to come to an agreement about child matters, such as where a child will live, when they spend time with each parent, and child maintenance payments.
Our family mediation solicitors can help you make an amicable agreement about your child arrangements, ensuring their best interests are always put first.
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Financial matters
Financial matters
Family mediation is also commonly used to sort out financial matters. This could be how finances will be split after a divorce or separation, the repayment of debts, how property sale proceeds are split, or anything else financial.
Our family mediation solicitors are here to give you a neutral space to discuss the matter and help resolve any disputes you may have.
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Separation and cohabitation
Separation and cohabitation
Family mediation is not just used for divorcing couples. Unmarried couples who wish to separate often have intertwined finances and assets, and there may be children involved, too.
Our family mediation solicitors are experts in helping families of all kinds reach an agreement peacefully, without the stress and expense of going to court.
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Legally binding agreements
Legally binding agreements
If you reach an agreement during family mediation, the mediator will typically draw up a ‘Memorandum of Understanding’ detailing what you’ve agreed. However, this is not legally binding.
In some circumstances, our solicitors may be able to assist you in making agreements about finances or child matters legally binding through a court order.
Please bear in mind that this will incur an additional cost for court and solicitors’ fees.
Divorce
Mediation is frequently used in divorce, where an agreement can’t be reached independently. Our qualified and experienced family mediators will be there for you at every step of the way, helping you and your ex-spouse come to an agreement that works for everyone involved.
Family mediation is ideal for divorcing couples who cannot agree about child arrangements, financial matters, the division of property and other assets, debts, or anything else you may be disputing about.
Keeping your dispute out of court with mediation has plenty of benefits, including huge time and cost savings.
Child matters
Family mediation is a common way to come to an agreement about child matters, such as where a child will live, when they spend time with each parent, and child maintenance payments.
Our family mediation solicitors can help you make an amicable agreement about your child arrangements, ensuring their best interests are always put first.
Financial matters
Family mediation is also commonly used to sort out financial matters. This could be how finances will be split after a divorce or separation, the repayment of debts, how property sale proceeds are split, or anything else financial.
Our family mediation solicitors are here to give you a neutral space to discuss the matter and help resolve any disputes you may have.
Separation and cohabitation
Family mediation is not just used for divorcing couples. Unmarried couples who wish to separate often have intertwined finances and assets, and there may be children involved, too.
Our family mediation solicitors are experts in helping families of all kinds reach an agreement peacefully, without the stress and expense of going to court.
Legally binding agreements
If you reach an agreement during family mediation, the mediator will typically draw up a ‘Memorandum of Understanding’ detailing what you’ve agreed. However, this is not legally binding.
In some circumstances, our solicitors may be able to assist you in making agreements about finances or child matters legally binding through a court order.
Please bear in mind that this will incur an additional cost for court and solicitors’ fees.
Our Approach to Family Mediation
Disagreements during a divorce or separation can be stressful. Family mediation is designed to help you resolve these disputes while minimising the stress of going to court.
Our family mediation solicitors understand the emotions that you’ll likely be going through. They’re experts in this area with many years of experience, so know how to support your family in reaching an amicable agreement wherever possible.
You’ll always get a bespoke service with Setfords. Our family mediators choose their own caseloads, so they can provide the personal attention you need at a difficult time. If this sounds like the kind of people you want to work with, please get in touch today.
Our Mediation Consultants
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Miriam Bailey-Parkyns BA (Hons) DMS NLP BVC LLM
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Paul Linsdell
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Carol Simmons
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Niki Roberts
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Jeremy Leach
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Marian Araga
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Family Mediation FAQs
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What is family mediation?
Mediation is a voluntary form of alternative dispute resolution that aims to avoid going to court. It is when a trained mediator facilitates a discussion between two parties, helping them to reach an agreement on matters such as finances, children, property, and more.
Mediation is not just used when a couple is first separating or divorcing. It can also be useful if you encounter disputes down the line or want to reach a new agreement, for example, as your children get older.
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What happens in mediation?
Typically, the first step in family mediation involves you and your ex-partner meeting with the mediator separately. You will then start having sessions together, if appropriate.
Most family mediation sessions last one or two hours. During the session, the mediator will facilitate discussions between you and your ex-partner in a calm environment. They won’t take sides and will listen to each point of view. They’ll also suggest things you can do to help you reach an agreement.
If you’ll be discussing financial matters, including property, you’ll need to complete a financial disclosure form, covering all of your financial information.
At the end of the session, once an agreement has been reached, the mediator will draw up a memorandum of understanding. This is a document that explains the agreement you’ve come to ensure you both understand it. It is not legally binding but often can be made so by applying for a court order.
If you’d prefer, you can sit in separate rooms and have the mediator go between you. However, this kind of mediation may be more expensive as it takes longer.
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What are the benefits of family mediation?
Family mediation comes with plenty of benefits. For example:
- Cost. Mediation is cheaper than going to court but is still highly effective in helping most families reach an agreement.
- Less stress. Of course, any divorce or separation is stressful. However, mediation offers a lower-pressure option compared to litigation in court.
- Speed. The mediation process is often far quicker than trying to reach the same agreement in court.
- Flexibility. Family mediation is a flexible process that can be adapted to you and your ex-partner’s needs, helping you to reach an amicable agreement.
- Success rate. Family mediation is hugely successful in helping many different kinds of families reach an agreement without unnecessary stress or expense.
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Is mediation compulsory in divorce?
Mediation is not compulsory, but is strongly encouraged if you are failing to reach an agreement in your divorce.
If you are divorcing but cannot reach an agreement on children or financial matters, you can apply to the court for a legally binding court order.
However, in most circumstances, you must prove that you have attempted mediation by attending at least an initial Mediation Information and Assessment Meeting (MIAM). Here, you can discuss whether mediation is right for you. If mediation is not deemed necessary for your case during the MIAM, you may also have to prove this to the court.
In certain circumstances, you will not be expected to attempt mediation before court, for example, in cases involving domestic abuse.
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What happens if we can't reach an agreement through mediation?
If you attempt family mediation but still cannot reach an agreement, the typical next suggested step is court. The court can enforce legally-binding orders regarding financial and children matters.
If you would still rather avoid court, there are other dispute resolution methods you can attempt with the help of a solicitor, such as collaborative law or arbitration. Please get in touch for more information.
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Do I need a solicitor for mediation?
Family mediation is always led by a qualified mediator. They do not necessarily have to be a solicitor, however at Setfords many of our family solicitors are also trained as mediators. This can be beneficial as they can help you turn any agreements reached during mediation into legally-binding court orders.
Speak to a Mediation Solicitor on 0333 060 3419
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