What happens after successful mediation for financial issues?
Following a successful family mediation, where agreements have been reached in relation to the division of matrimonial assets, the mediator will write up a summary of the outcome. This mediated agreement can then be given to solicitors who will use the document to draft a financial consent order. The consent order can then be emailed to the court for approval. Once the financial consent order has been approved by the court, there will be timescales (usually agreed at mediation) put in place to implement the terms of the order e.g. houses being sold or savings transferred.
It is vital to have the mediated agreement made into a legally binding consent order with a clean break clause, to prevent either party from making any further financial claims in the future. Please be aware – the mediated agreement is not legally binding and either party can change their mind in the future, if the agreement is not made legally binding.
It is also important to note that financial disclosure is a necessary part of having the mediated agreement made legally binding. Without having fully disclosed financial positions, it is not possible to get legal advice, and a court will refuse to grant a financial consent order where financial disclosure has not been exchanged. Upon applying for the order to be made legally binding, parties must complete a financial disclosure form, detailing all of their assets, for the court to review. If the court feel the order is fundamentally unfair, they will not grant it.
What happens after successful mediation for child arrangements?
Where arrangements for children have been agreed through mediation, the mediator will write a summary of the arrangements, known as a parenting plan.
There is no need for the parents to have this made legally binding. It is not advised to have children being raised under the umbrella of a court order, unless absolutely necessary. The arrangements for children often require a degree of flexibility, which is something a strict court order wouldn’t allow for.
Parents can stick to the parenting plan they agreed on in mediation, and if they need to make any changes to it in the future, they can do so through a further mediation session. This helps avoid the need for a lengthy and expensive court process.
Under the ‘no order principle’, courts will refuse to make orders in relation to children where parents have been able to reach agreements themselves. It is hoped the arrangements made in mediation will last, on the basis the parents agreed these arrangements themselves.
There is lots of research to show agreements reached between parents in mediation stand the test of time longer than arrangements imposed on parents by the courts.
What happens after mediation fails?
On the rare occasions mediation fails, or in the event that only one party is willing to mediate, the mediator will provide parties with a signed form confirming they have attempted mediation. Without a signed form from an accredited mediator, it is not possible to make an application to court in family proceedings – i.e. children or finances
Once the application to court has been filed, the court will make a date for a first hearing. All parties must attend this hearing. At the first hearing, the court will give the parties a list of things they need to do for the court to make a decision e.g. filing statements, obtaining evidence, exchanging financial disclosure & obtaining reports from experts such as pension advisors or CAFCASS.
What percentage of mediations are successful?
The success rate will depend on the skill and experience of the mediator. At Crowther Mediation we are renowned for our exceptionally high success rate with over 85% of our cases having a successful outcome. Our mediators have an extensive background practicing law and have developed a wealth of experience dealing with complex matters both nationally and internationally.
Meet out Mediators
Check out our about us page for more information about our mediation team or please get in touch to discuss your situation and if you are wondering if family mediation is right for you.
