Family Mediation and Dispute Resolution Solicitors in London
Our family mediation solicitors can help you agree on the property settlement or the childcare arrangements after your separation or divorce.
Going to court and asking a judge to decide on child custody and contact or who gets the house can be stressful and expensive. It also places the decision about your future in the hands of a judge. That’s why the family mediation lawyers at OTS Solicitors are committed to helping you reach a negotiated agreement.
Contact our family mediation and dispute resolution solicitors in London
For family dispute resolution advice, you can meet with our mediation solicitors at our offices in London, over the phone or online via Web Conferencing such as Zoom or Skype. For expert help, contact our family mediation and dispute resolution solicitors in London.
Types of alternative dispute resolution in family law
The three main types of alternative resolution methods in family law are:
- Negotiation
- Mediation
- Arbitration
Family court rules say that in most situations you must attempt a non-court-based resolution before you make a court application. Our family law solicitors can guide and support you whether you choose negotiation or require legal advice during mediation or family arbitration.
What is family mediation?
In divorce and family mediation, a qualified and independent family law mediator helps a couple reach an agreement over a disputed family law issue, such as:
- Child custody and contact arrangements
- Parenting disputes, such as whether one parent can relocate overseas with the children or choice of schools or religion
- Whether divorce proceedings should be started
- The divorce property settlement including if the family home should be sold, how much spousal maintenance or child support should be paid and if pensions should be shared
- Unmarried couple disputes on matters such as property ownership or parental responsibility
If you are unsure if family mediation is suitable for you, a family mediation lawyer can talk to you about what you need to resolve with your ex-partner. Our mediation solicitors will explain the alternatives to mediation and support you with specialist legal advice during mediation sessions. If mediation is successful, we will help you convert your mediated agreement into a binding court order.
If you start court proceedings without trying mediation or a non-court-based dispute resolution option the judge at a preliminary directions hearing could adjourn the application for family court mediation. If agreement is reached the terms can be included in a court order. If agreement cannot be reached the court proceedings can continue and the judge can decide on the terms of the court order after hearing evidence in a contested court hearing.
Mediation Information & Assessment Meeting (MIAM)
The first step in the mediation process is to attend a Mediation Information & Assessment Meeting (MIAM) with a family law mediator to explore how mediation works and to help you decide if you want to use mediation or another type of non-court dispute resolution method, such as solicitor negotiations or family arbitration.
You may be exempt from attending a MIAM if your family law application meets certain criteria. For example, if you need to make an urgent court application, such as a prohibited steps order, freezing injunction order or where there are domestic violence allegations.
What is mediation in divorce?
Divorce mediation tries to resolve any family law dispute associated with your divorce, such as the payment of interim spousal maintenance, contact arrangements or what should happen to the family home or business. It can be also be used to resolve other family law issues, such as grandparent rights, step-parent disputes or if you are in an unmarried relationship.
The family law mediator will hold a MIAM to check that mediation is suitable for both of you and to agree on the type of mediation. A series of joint meetings will then be arranged to see if a resolution can be reached. Normally, a family mediation lawyer will not attend the mediation meeting with you but will provide legal advice on your rights and options outside of the mediation sessions to give you the information and confidence to know whether what is being proposed in mediation is the type of arrangement that a family court might order if either you or your husband or wife were to start financial or children law court proceedings.
How much does family mediation cost?
The cost of family mediation depends on how many sessions you need. Normally between three to five sessions are necessary. In addition to these mediation costs, you will need to budget for legal costs for legal advice from our mediation solicitors and to implement your mediated agreement. If you cannot reach a mediation agreement our family mediation solicitors can let you know your alternative non-court and court options, costs and timescales.
What happens at family mediation?
At the first mediation session, a mediator will agree on an agenda for the mediation and work out the areas that need addressing. For example, in a financial mediation, financial disclosure will be required as without information on the assets and values you cannot come to a fair financial settlement.
A family law mediator is independent and neutral. Their role is not to provide either of you with legal advice but to assist you in facilitating a discussion that leads to a compromise. It normally takes a few sessions to explore how you both feel about an issue in dispute, look at the various ways to resolve the dispute and reach a solution that is acceptable to both of you.
Mediation is voluntary and confidential. You can end the mediation at any stage. What you discussed in mediation normally cannot be referred to in any subsequent family court proceedings.
How to prepare for family mediation
Preparing for mediation is an important first step and will help you have the confidence to negotiate an agreement with the help of the mediator and your family law solicitor.
You can prepare for mediation by:
- Taking family and divorce legal advice from a mediation solicitor on your legal rights and what sort of court order you might expect to get if you or your ex-partner applied to court for an order
- Getting your paperwork in order. The documents you will need will depend on the purpose of the mediation. For example, in a contact dispute, you may want to bring a list of missed contact visits or in a financial dispute you may want to work with your solicitor on the financial disclosure you will need to provide to the family law mediator during the mediation process
- Taking financial advice if you mediating to resolve a financial dispute. For example, you may need financial advice on your ability to take over the mortgage on the family home or how much income your pension will provide you with in retirement
How successful is family mediation?
When divorce mediation works for you, it is usually a quicker means of resolving a family law dispute. A family mediation law resolution is normally:
- Less expensive than traditional court proceedings
- Less adversarial as you are not filing witness statements or giving evidence in court
- More successful in real life as you are working with a parenting arrangement or financial settlement negotiated by you with the help of a family mediation solicitor in mediation rather than a court-imposed decision
Our family mediation solicitors will support you through divorce and family mediation and ensure that any mediated agreement is one that you are comfortable with and can be enforced if necessary.
Contact our family mediation solicitors in London
For family law and mediation advice, you can meet with a family mediation lawyer at our offices in London, over the phone or online via Web Conferencing such as Zoom or Skype. For expert help, contact our family mediation and dispute resolution solicitors in London.
Your Questions and our answers about Family Mediation and Dispute Resolution
You may be able to apply for an order such as a Specific Issue Order or a Prohibited Steps Order, that can address matters regarding children, including permission to take a child abroad. A Specific Issue Order is used to address a particular issue concerning a child’s upbringing when parents cannot agree, such as whether a child should travel abroad.
However, before applying for such an order, it’s advisable to attempt to reach an agreement with the other parent regarding the proposed travel plans. If an agreement cannot be reached and there are concerns or disagreements about taking the child abroad please contact us regarding the next steps on 02039599123 or click here
Thank you for your enquiry. We are pleased to hear that you have reached a financial agreement in family mediation.
The mediator is right when she says that a Memorandum of Understanding is not a family court financial order. The Memorandum of Understanding is a document that is prepared by a mediator to record the agreement you discussed in mediation. The Memorandum of Understanding is not a binding legal agreement. You therefore need to convert the Memorandum of Understanding into a financial court order and ask a family court judge to approve the financial court order.
Unlike the Memorandum of Understanding, a financial court order is a legally binding document. That is why it is so important that a financial court order is obtained to give both you and your wife financial security.
If a financial agreement has been reached you and your spouse should not need to attend a court hearing in order to secure the financial court order. A family solicitor can draw up the paperwork for you.
To discuss your situation and the obtaining of a financial court order we would need to see you. We can give you family law advice and advise you on the best way forward. Please call us on 0203 959 9123 to arrange an appointment to discuss how we can help you.
Thank you for getting in touch with us.
Your enquiry is being reviewed by our team and one of our solicitors will contact you shortly.
In the meantime, you can also call us on 0203 959 9123 or contact us here.
Thank you for getting in touch with us.
The first thing we would need to ascertain is whether there are any court orders in place, e.g. child arrangements order that the granddaughter lives with you, and whether you have acquired parental responsibility.. As the grandparent, there are a few options for your granddaughter to remain living with you, for example, applying for a child arrangements order or a special guardianship order (as the granddaughter had been living with you for nearly 4 years, you would not require permission of the court to apply for either). There is a difference between the two orders and we would need detailed instructions in respect of all the facts in order to advise you appropriately.
To discuss this in more detail over an appointment, please call us on 0203 959 9123 or contact us here.
Thank you for getting in touch with us.
Your enquiry is being reviewed by our team and one of our solicitors will contact you shortly.
In the meantime, you can also call us on 0203 959 9123 or contact us here.
Dear Katie,
We are sorry to hear that the Father of your children has failed to return the children to you after contact since May. We can definitely assist you and can help you make an application to the family court to get your children back. However you will need to act sooner rather than later as the children have been in the father’s care for a few months now. Please get in touch for advice and immediate assistance in your matter.
You can call us on 0203 959 9123 or contact us here.