Frequently Asked Questions about Mediation

 

Why choose mediation?

Mediation is a voluntary process, helping parties undergoing divorce or dissolution of a civil partnership to have greater control and ownership in deciding the final terms of their separation. Unlike a court situation, the final decisions are not decided and imposed by a third party, but rather determined by the parties themselves, after exploring all the options in mediation. Mediation is significantly more cost-effective than litigation.

How long does mediation take?

Typically mediation can take 3 to 5 sessions of one and a half hours each, at bi-weekly or longer intervals. However, depending on the complexity of each case this could vary considerably.

How much does meditation cost?

I charge £120 per person, inclusive of VAT for each session, and £250 for drafting two important documents that are the outcome of the mediation, and necessary for divorce proceedings.

A MIAMS will cost £95 per person.

What are MIAMs?

The Ministry of Justice has adopted a pro-mediation policy, with regards to family law, and MIAMs are an instrument of this policy. MIAM stands for Mediation Information and Assessment Meeting, which is a compulsory meeting for any spouse/partner to attend separately with a mediator, prior to applying for a court order involving arrangements regarding children or the division of financial assets. The outcome of such a meeting is an FM1 form, wherein an accredited mediator makes an assessment as to whether mediation is suitable for the marriage or partnership at hand. This means that even a party to contested divorce or civil partnership dissolution proceedings, will have to see a mediator at least once.

What happens once we reach agreement?

Once you have agreed on how your joint assets and liabilities are to be divided up and what arrangements you would like to have in place regarding any children concerned, then this agreement will be put into a written form known as a memorandum of understanding (MOU), which will eventually be signed by yourselves and me as your mediator.

Will I still need a solicitor?

Prior to signing the memorandum of understanding, I will send you separately to see a different mediation-friendly solicitor with a copy of the draft MOU, who will explain to you the full legal implications of what you will be signing.  If you are both satisfied thereafter and wish to have the MOU  made an order of court, then  we will sign it, and appoint a solicitor to have the MOU converted into a consent order, which will be attached to the final decree of divorce, and be legally binding.

Chris Yaffes family MediatorChris Yaffes Divorce Mediation

 

Written by : Chris Yaffes