Family break up is probably one of the most traumatic times that you will have to deal with. It is a ‘living bereavement’.
Our family mediation service can help you and your ex work out your own solutions to the problems you are facing in a safe and supported environment. Mediation is a smarter, more intelligent way to resolve your differences. It is also a cheaper and less time consuming process compared to Solicitor led negotiations and/or Court proceedings.
On the 22nd April 2014 the Government issued a pre action protocol that makes it mandatory for anyone facing relationship or marriage break up to attend a family mediation awareness session (called a MIAM) before they can issue court proceedings. There are exceptions where there may have been serious domestic violence in the relationship or child protection issues, in which case exemptions will apply. Otherwise, an attendance is necessary to find out about mediation as an option although you cannot be forced to mediate. Family mediation is a voluntary process for separating couples. If your case is considered suitable for mediation by the mediator after he or she has met both of you and you and your ex both agree to mediate then a first joint mediation session is arranged that usually lasts about an hour and a half.
You and your ex may need to reach agreement about finances on separation or divorce such as whether or how income should be shared. How to split capital, whether the family home should be sold, whether sharing pensions is appropriate, how to deal with a family business. The list is very broad. If you have children, family mediation can prioritise meetings that help you to reach an agreement about their future care arrangements or any problems that may be arising with co-parenting since separation.
There can be more complex issues or personal matters that are important to you both where you need to reach understandings and agreement all of which can be dealt with in family mediation. The mediation can be flexible and tailored to your case and your needs and what is important to you and your ex. Even issues such as who should have care of the family pet after separation or possession of sentimental household contents can be agenda items. Sometimes, the issues that need to be resolved only take one session. More commonly, it will involve between three and five sessions depending on the number of issues and the nature of the dispute.
It is a confidential process, allowing you and your ex to have open and frank discussions with each other, without fear that you will be bound by the solutions that either of you may propose before full agreement is reached. The advantage of using our team for family mediation is that Gayle Rowley, who is a specialist lawyer/mediator employed by the firm, is able to bring to the table her many years of experience and knowledge as a specialist family lawyer which can assist with the mediation process. Although Gayle is not able to give legal advice when she is acting for you as mediator, she can offer effective signposting and will indicate when it is important for you to seek advice from a Solicitor to help you to progress the mediation and to give effect legally to agreements reached in mediation.
Family mediation is a really workable alternative for couples who want to keep their dispute out of court. Most people know it can be very expensive to sort out their disputes through family lawyers particularly if court proceedings are involved. Unfortunately, this cost to the family comes at a time when finances are already strained – possibly because there is the expense of two homes to run instead of one.
Family mediation can provide an answer to these problems for some couples… You have the best chance of finding your own solutions to your marital or relationship breakup problems in a managed way using an experienced family mediator such as Gayle Rowley who is qualified to work with the kinds of issues you are facing and who will provide a service of “assisted negotiations.”
For further information regarding our Leicester based family mediation service call 0116 2385680. Or, alternatively complete the contact form. If you have a Solicitor, you can ask your Solicitor to request and submit a referral form via our website on your behalf. If you do not have a Solicitor, simply call or email us direct and we will send you a referral form to kick-start the process.