Mediation – Agreement without going to court

Mediation and Collaborative Law

Court proceedings are often not the best way to try to sort out family disagreements.

In appropriate cases we will encourage you to think about more constructive ways of approaching the problem.

Mediation

Mediation provides an opportunity for you and your partner to discuss your disagreements with a trained mediator who will try to help you find a compromise that you can both live with, whether this relates to your children or to financial matters.

Except in a few cases anyone applying for legal aid, or anyone intending to apply to court for a court order, will need to see a mediator before they can go ahead*. You can find out more in our FAQ’s.

We can refer you to a specialist mediation service. Mediation is not free (unless you are entitled to legal aid) but it often works out a lot cheaper than trying to sort things out through court. We will continue to provide you with advice as mediation progresses. Find out about our fixed fees for advice about mediation.

The Children and Families Act 2014 has now received Royal Assent and came into force on 22 April 2014.

From that date it is a requirement that before making an application to the court in a family case, the applicant must attend a family mediation information and assessment meeting (MIAM), unless an exemption applies or the application is urgent. There is a post in our News section which gives more detail about these meetings and the exemptions.

 

The collaborative family law process is a relatively new way of dealing with family disputes. Each person appoints their own lawyer but instead of conducting negotiations between you and your partner by letter or phone you meet together to work things out face to face. Each of you will have your lawyer by your side throughout the entire process and therefore you will benefit from legal advice as you go. The aim of collaborative law is to resolve family disputes without going to court.

Please note that as from April 22nd 2014 non-means tested legal aid is available for abduction cases under the Hague Convention. We can give more information if this is relevant to you.

 

Ready to talk to one of our specialists?

All of our lawyers are members of Resolution and follow a code of practice intended to ensure that matters are dealt with in a sensitive and constructive way. You can find a complete list of the Simpson Millar legal team here or if you’d prefer to speak to one of us directly please call our Corn Street Office on 0345 357 9650.

Family Law Specialist

Carol Chrisfield
carol.chrisfield@simpsonmillar.co.uk

Family Law Specialist

Clair Wygladala
clair.wygladala@simpsonmillar.co.uk

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