In the case of Re R (Deceased)  EWHC 936, a claim was brought under the Inheritance (Provision for Family and Dependants) 1975 Act (“the Act”) for reasonable financial provision...
Family Mediation is an effective method of finding mutually acceptable arrangements with your ex-partner following a separation, divorce, or dissolution of a civil partnership.
Mediation is a sophisticated process that can deal with all finance or property issues, no matter how complex. It can also address arrangements surrounding children and their maintenance. Since 2014, anyone applying to the Courts to resolve these issues is required to attend a Mediation Information and Assessment Meeting (MIAM). The purpose of this meeting is to explore the suitability of pursuing the family mediation route instead.
The mediation process allows you to find common ground and move forward. At the same time, it can help to tackle any uncertainty and stress involved by maintaining communication and positive relationships, particularly if children are involved or the finances are intricate. Crucially, it enables you to keep control of your circumstances and the decisions you make. This contrasts with Court proceedings where the Judge is the decision-maker.
Our Family law team includes professionally trained and independent mediators. Our role is to provide a confidential and impartial environment for you and your ex-partner to identify any differences you have and identify a range of practical solutions. We will remain neutral throughout the mediation process, listening to your issues and concerns. Our role is not to provide advice but to allow you to identify the best way forward. In most cases, parties will reach an agreement through mediation.
It’s important to consider what you want to get out of mediation before entering the process. This will help you make the most of your time in the sessions that follow and increase the likelihood of reaching a successful outcome. If financial arrangements are involved, then you will need to complete a full disclosure exercise regarding assets, pensions, income and expenditure during the process.
Participation in family mediation is voluntary. Depending on your situation, meetings can be held together with your partner or individually and they usually last 1-2 hours. The process is quicker and more cost effective than Court proceedings and any agreements reached can be reviewed if your circumstances change.
If family mediation proves successful, your mediator will produce a Memorandum of Understanding (MOU) to ensure everyone is aware of what has been agreed. Any financial arrangements made can be confirmed in a Consent Order drafted by lawyers, thus being ratified by the Court.
Alternatives to family mediation that do not require Court action are collaborative law or family arbitration sessions.
For clients located in the Rutland and Midlands regions we have an umbrella service enlisting the support of other specialists including counsellors and IFAs. For more details visit our Rutland and Stamford Family Mediation service page.