library

New Family Law Rules : Mediation

01 April 2011

New family law rules come into force on 6 April 2011.  The rules mean that, in most cases, couples have to undergo mediation before issuing an application at court to determine finances.  There will be some expceptions, but compulsory mediation prior to issuing court proceedings will be the general rule.
 
On the breakdown of a relationship, mediation can be an invaluable process in helping couples reach agreement in relation to child issues and finances. Mediation involves you and your partner meeting with a trained Mediator, who acts as a neutral party, to help you and your partner reach your own agreement.   A Mediator will provide you with a structured framework in which you and your partner can discuss and negotiate matters in relation to finances and children. 
 
We would recommend that you obtain independent legal advice before you embark on mediation, to know what your rights and options are.  If you reach an agreeement during mediation, you will need an independent lawyer to draft the final, written agreement.
 
Alternatively, we have trained and experienced Mediators in our Family Team at Howell Jones who will be happy to speak to you, whether you want to explore mediation generally (in relation to a financial settlement and/or children arrangements), or prior to issuing court proceedings.  Please contact our Family Team for more information.
 
Clare Joyson, Solicitor.