Elizabeth Bates is a Family Law Solicitor at the firm, and she specialises in divorce, finance and children matters. Having qualified in 2012, she has worked at large firms throughout the North-West, obtaining an abundance of experience.
What is Mediation?
Family Mediation is a service offered to separating couples who wish to work together to resolve a dispute without involving the court.
Disputes brought to Mediation usually relate to division of assets after the breakdown of a relationship or making suitable arrangements for care of children.
Family Mediators can help you reach agreements to enable you to move forward with your lives.
How does it work?
The Mediation process assists amicable discussion and respectful communication in a calm environment. Mediation is voluntary and all discussions are confidential.
Family Mediation usually involves attending a series of face-to-face meetings together. Although some Mediators offer online appointments, which will fit in around your working hours. You must both be willing to engage with the process and attend all scheduled sessions.
The appointments are facilitated by a trained professional, who will help you to identify the issues in your case, find suitable solutions and gain clarity about next steps.
Before the first joint appointment, the Mediator will meet you both individually to find out more about the issues you wish to address, provide you with information about
the Mediation process and answer any questions or concerns you may have.
Family Mediators are well trained to assist couples in communicating after separation, when relationships can be strained.
If Mediation is successful, and a settlement is agreed, a written summary will be provided at the conclusion of your sessions.
What can be discussed?
The agenda can include anything of importance to you, which both parties agree to discuss. Typical issues include:
• The arrangements for your children including days, times, and venues for handovers
• Child arrangements for school holidays and special events
• Child maintenance and methods of payment
• Which school your children should attend
• Taking children on holiday when the other parent does not consent
• Moving house to a different area within the UK or abroad
• Changing a child’s name
• How your assets will be divided
• Agreeing a value for assets
• Occupation of the family home
• Payment of bills/utilities following separation
This list is not exhaustive and there may be other issues you wish to resolve which are of importance to you.
Is Family Mediation Right for Me?
Family Mediation is a useful service when relationships breakdown, or when issues arise for couples who are already separated but still have outstanding matters to resolve, such as dividing their assets or the long-term care arrangements for their children. Mediation can also be used where there is a previous agreement, but circumstances have changed.
Family Mediation is a pre-requisite to issuing court proceedings. If you think a court application is required, the law requires you to at least attempt to resolve your dispute in Mediation first unless there are exceptional circumstances.
The Mediator’s Role
The Mediator’s role is to chair the meetings. They will facilitate discussions, help you to gather any information relevant to your case, and guide you to reaching a settlement.
The Mediator will give you both opportunity to speak, so you can articulate your concerns, thoughts and suggestions. They will keep you both focussed on matters of relevance.
The Mediator is impartial. They will not express their opinion or make a judgement. With their expertise and experience they will give you information to help you understand the legal and practical issues involved in your case, helping you to reach a solution amicably.
You will be referred on for independent legal advice where necessary as Mediation progresses.
Final Decision
Once a settlement is achieved, you will receive a written summary of the agreement from the Mediator. This is not a legally binding document. You will be advised to take the agreement to a solicitor, for legal advice on the terms, and for advice on how the terms can be formalised in a legal document.
At Lancashire Law we are experienced in dealing with all matters relating to Family Law.
If you require advice on your family matter, please contact the office to make an appointment with our Family solicitor
Elizabeth Bates is available for appointments at both our Todmorden and Milnrow offices. You can email her at Elizabeth.bates@lancslaw.co.uk or call her 01706 525053 (milnrow) or 01706 818111 (Todmorden).
