This is a structured process that allows you to take any agreement made in mediation to the court for a consent order that makes the agreement legally binding.
The process starts with agreeing the agenda and your objectives. We then start the ‘disclosure’ process. We provide a form for you to complete before the first joint mediation meeting. The form asks for details of all your assets and liabilities. During the first joint meeting, this information is shared and clarified between both parties. You also need to provide the your latest statements to evidence the figures given.
Once there has been full disclosure, we then look at all possible options to meet your joint objectives and try and put the relevant figures behind each option. In this way, we work out which options are viable and which ones you prefer.
During the process, we advise you to take legal advice, so that you have someone advising you on your own rights and risks. It may also be appropriate to take specialist pensions or financial advice. Mediators do not provide advice.
Once the options have been considered and an agreement reached, this is written up in a formal document called a Memorandum of Understanding. This completes the mediation process. The Memorandum of Understanding can be given to your solicitor to form the basis of a consent order.