Preparing for Mediation
We have reproduced below the relevant forms for the different stages of mediation.
First of all, here is a helpful leaflet produced by Resolution:
When we meet for the assessment meeting this is the contract we sign which covers our initial meeting:
Please complete this form and bring it with you to the meeting:
Here is a factsheet with basic information about mediation:
Legal Aid for Mediation
If you wish to apply for Legal Aid for Mediation, this is the form we will need to complete:
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:
Here are the more detailed rules:
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:
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:
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:
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 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.
Think about what you want
Thinking about what a settlement might look like is important too.
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.