Preparing for Mediation

_MG_5351We have reproduced below the relevant forms for the different stages of mediation.

First of all, here is a helpful leaflet produced by Resolution:

Resolution Helping You Reach Agreement Leaflet

MIAM/Assessment Meetings

When we meet for the assessment meeting this is the contract we sign which covers our initial meeting:

Mediation Information and Assessment Meeting Terms of Business Letter 2015

Please complete this form and bring it with you to the meeting:

Family Mediation Client Information Form 01-01-15

Here is a factsheet with basic information about mediation:

Family mediation factsheet 01-01-2015

Legal Aid for Mediation

If you wish to apply for Legal Aid for Mediation, this is the form we will need to complete:

Legal Aid – CIV_MEANS_7-_Mediation Means Assessment form – Version April 2013

Please note the evidence requirements! Please make sure you bring at the very least, all bank statements for the last month and your last pay slip and your most recent letters showing any benefit assessments.

This is the basic eligibility calculator form we use:

Legal Aid Key Card April 2014 Page 2

Legal Aid Key Card April 2014 Page 2

Legal Aid Key Card April 2014 Page 2

 

 

 

 

 

 

 

 

 

 

 

Here are the more detailed rules:

LAA-Rules to determine-financial eligibility-mediation-2014

mediation-guidance-manual-nov-14

As you will see, the rules are not uncomplicated. We will talk through the relevant information with you carefully. It is extremely important that you bring you evidence with you for the last calender month. Remember: No evidence – No Legal Aid.

Agreement to Mediate

At the start of the mediation both parties sign the Agreement to Mediate which is the contract through which mediation takes place. Here is our current version:

Agreement to Mediate 2015

 

If I am to meet with children there is an extra section to be signed. We would agree this all together.

If agree to mediate with the hybrid/civil model of mediation there is a supplement to be signed as well:

Agreement to Mediate (Hybrid Model Supplement) 2015

Financial Disclosure

If we are mediating about financial issues there needs to be full and frank disclosure of financial circumstances.

If you have Solicitors and they have completed disclosure and you agree, we can go ahead using figures agreed through them. Otherwise we need to get the information needed between us. If we don’t do this, it may be that a settlement will be delayed or any proposed deal may unravel

These are the forms we use:

Form E

This is the standard Court form. I find it easier to use this rather than an edited version. What matters is that all assets/debts and sources of income are disclosed and all documents required in the section at the end are disclosed.

Form E Notes for Guidance

Form P

Form P is used for pension. It needs to be sent to all pension providers. It can take several weeks for them to provide this. We can start before the answers come back, but usually we can get a rough idea of the value from your last pension statement.

You also need to send off the forms below to get values for the state pension entitlement.

Divorce Pensions BR19

Divorce pensions BR20

Think about what you want

Thinking about what a settlement might look like is important too.

Family Mediation negotiation factsheet 01-01-2015

Danger

Mediation works because both come to mediation with a joint intention to get things sorted out. The independent mediator helps keep negotiations focused. The discussions are confidential which gives freedom to talk.

Having agreed to mediate, it is best to wait until the mediation meeting and to resist the temptation to start direct discussions. Those didn’t work before. Mediation offers something different and it is preparing for this properly which maximises the prospects of success.