Bailhache Solicitors

Guidance and advice through mediation

Mediation can be a very effective way of resolving issues that follow from family breakdown, both in relation to children and in relation to finances.

Financial mediation may well lead to an agreement in principle, with a view to the terms being confirmed by a consent order in divorce proceedings.  However, a mediator only acts to facilitate an agreement between the parties, giving advice as to a range of possible outcomes whilst assisting the parties to fins a compromise that both can live with. The mediator will not provide legal advice and any agreement reached will not be legally binding at the end of mediation.  Both parties will be encouraged to seek independent legal advice upon the terms they have agreed in principle, so that they can be considered in the context of the order that a judge might have made had proceedings come before the court.  

The role of a solicitor in medation is to provide independent legal advice to a client, to ensure that any proposed settlement is fair and reasonable and that it will meet that client's needs.  Advice might be required during the mediation process, if there are a number of successive meetings in which negotiations are taking place, or advice might be given at the end of mediation, in relation to the agreement reached in principle.

We will be happy to guide you through the whole process, from the initial referral to the drafting or approval of a consent order to present to the court, so that the final agreement can be made binding.

 

 

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