What You Need To Know About Mediation, Consent Orders And Family Law Mediation
Divorce can be an emotionally draining and stressful process, but it doesn’t have to be. Learn more in this article about mediation, consent orders and family law mediation – three important steps that can help you get through the process with greater ease and peace of mind. Find out what you need to know about these services so that you can make informed decisions for yourself and your family.
Introduction to Mediation and Consent Orders
Mediation is a process where an independent third party, the mediator, facilitates discussion and negotiation between the parties to assist them in reaching their own agreement. The role of the mediator is to provide information, facilitate communication and encourage creative problem solving so that the parties can make their own decisions. Mediation is voluntary and confidential and can be used to resolve any issue where there is a disagreement.
Consent orders are a formal agreement made between two parties who have been unable to reach an agreement through mediation. They are made by both parties consenting to the terms of the order, which are then filed in court and become legally binding. Consent orders can be used to resolve financial matters, property matters, parenting arrangements and other issues arising from separation or divorce.
Family law mediation is a specific type of mediation that deals with family law matters such as divorce, property settlements and child custody arrangements. Family law mediators are accredited by the Law Society of England & Wales or by the Institute of Legal Executives and must have completed specialist training in family law mediation.
What is a Mediation Information & Assessment Meeting?
A Mediation Information & Assessment Meeting is a meeting between you and a mediator, where the mediator will explain what mediation is, how it works and assess whether it is suitable for your case. The MIAM must take place before you can start mediation.
How Does The Mediation Process Work?
When considering mediation as a means to resolve a family law matter, it is important to understand how the mediation process works.
A mediator is a trained professional who assists parties in resolving their differences. The mediator does not take sides or make decisions for the parties. Rather, the mediator helps the parties communicate more effectively and identify options for resolving their dispute.
The mediation process typically begins with an initial meeting between the mediator and the parties. During this meeting, the mediator will explain the mediation process and discuss the ground rules that will govern the mediation sessions. Themediation sessions are confidential and any information disclosed during mediation cannot be used later in court.
After the initial meeting, the mediator will meet with each party separately to get a better understanding of each party’s position. This is called a caucus. The caucus gives the mediator an opportunity to hear each party’s story without interruption and to explore possible solutions with each party privately.
Once the caucuses are completed, the mediator will bring the parties back together to see if they can reach an agreement on their own. If an agreement is reached, the mediator will help the parties draft a written agreement that can be submitted to the court as a consent order. If no agreement is reached, then either party can file for divorce and proceed through litigation.
What Is A Consent Order Divorce?
When a couple decides to divorce, they will need to determine how to divide their assets and debts. If they cannot agree on these matters, they may need to go through mediation or court. A Consent order divorce is a type of divorce in which the couple agrees on all terms of the divorce without going to trial. This can be done through mediation or by signing a consent order.
Benefits of Family Law Mediation
There are many benefits to family law mediation, which is why it is often chosen as a means of resolving disputes. Mediation can help couples or families to resolve their differences without going to court, which can save time, money, and stress. In addition, mediation can help parties to communicate more effectively and to reach an agreement that is acceptable to both sides.
Some of the specific benefits of Family Law Mediation include:
1. Mediation can save time and money: Going to court can be a lengthy and expensive process, but mediation can often be completed in a fraction of the time and at a fraction of the cost.
2. Mediation is confidential: Unlike court proceedings, which are public record, mediation is confidential. This means that parties can discuss sensitive issues without worry that their conversations will be made public.
3. Mediation promotes communication: In order to reach an agreement, parties must communicate with each other. Mediation provides a structured environment in which parties can openly discuss their needs and concerns. This improved communication can help reduce conflict in the future.
4. Mediation is flexible: The mediator has the flexibility to tailor the process to meet the unique needs of the parties involved. For example, if there are language barriers or cultural differences, the mediator can make accommodations to ensure that everyone understands what is being discussed.
5. Mediation produces lasting results: Because mediation encourages open communication and understanding between parties, it often leads
Common Misconceptions About Mediation and Consent Orders
One common misconception about mediation and consent orders is that they are only for couples who are married or in a de facto relationship. This is not the case – mediation and consent orders can be used by any two people who are in a dispute, whether they are married, in a de facto relationship or otherwise.
Another common misconception is that mediation and consent orders are only for financial matters. While it is true that these tools are often used to resolve financial disputes, they can also be used to resolve other types of disputes, such as parenting arrangements.
Finally, some people mistakenly believe that mediation and consent orders are only for people who have already been through the court process. Again, this is not the case – mediation and consent orders can be used at any stage of a dispute, even before legal proceedings have commenced.
Tips For Choosing The Right Mediator
If you are considering mediation to help resolve a family law matter, there are a few things to keep in mind when choosing a mediator. Here are some tips:
1. Make sure the mediator is accredited.
2. Check to see if the mediator has any specialties or areas of expertise that may be relevant to your case.
3. Ask whether the mediator has experience dealing with cases similar to yours.
4. Ask for referrals from other lawyers or professionals who have used the mediator’s services.
5. Find out what the mediator’s fees are and whether he or she offers sliding scale fees or payment plans.
Conclusion
Mediation is an excellent way to resolve family law disputes in a timely and cost-effective manner. It is important to understand the process of mediation, consent orders and how they both fit into the family law system. With this knowledge, parties can more effectively negotiate their dispute resolution through mediation or court proceedings if necessary. This article has provided some basic information on what you need to know about mediation, consent orders and family law mediation so that parties can be better prepared for their next steps.
