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After your individual meetings with the mediator, a joint session will be organised. This can be done either remotely or in person. If financial matters are being discussed, it will be very helpful to the mediator if some financial disclosure can be provided by both parties ahead of the first joint meeting so that this can be discussed.
The mediator will give both parties the opportunity to speak in turn at the meeting and for an agenda to be set, which will highlight the main points that you both wish to discuss during the mediation sessions. These points for discussion are agreed upon and taken in turn, and the mediator will take you through as far as they can during this first session to establish the foundations of the financial discussions that need to be had, and the mediator will work through these discussions with you.
Most sessions last between 1.5 – 2 hours as anything longer than this can be quite tiring. Although in more complicated matters, it is not uncommon for sessions to be a half or even full day. Generally speaking, most people will need between 3 – 6 sessions, particularly when discussing finances.
No. If you prefer and it is more effective, you can sit in separate rooms and the mediator will shuttle between the two of you. This does generally mean the sessions will be longer, but if it is a more productive way of proceeding, then this is not a problem.
You can, but this would need to be agreed upon in advance with the other party. Sometimes people will ask to bring their lawyers, but in the main, parties attend by themselves and this can be the most productive way to proceed.
The mediator will provide a summary of the session and arrange the next meeting. Sometimes there will be a to-do list in terms of obtaining more information or things to explore and think about, and this will often determine the timeframe until the next session.
Once an agreement is reached, the mediator will write up the agreement into a document known as a Memorandum of Understanding. If it is a financial agreement, there will also be a document called an Open Financial Statement. Most people will usually take this to their legal advisor who will draft the agreement into a financial consent order, which can then be submitted to the court for approval and will create a legal and binding agreement on both parties.
Book a free initial consultation with our experienced mediator, Kellie-Jayne Cox, to explain the process to you in more detail and establish whether mediation is the right route for you.
Contact Kellie-Jayne Cox at kjcox@biscoes-law.co.uk or telephone 01420 550543.
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