Cressida Burnet Mediation

About Mediation

Mediation is a confidential and voluntary process that both parties agree to take part in. It enables discussions to take place that will eventually be formalised into an agreement and then presented to the clients respective solicitors. Mediation operates within the shadow of the law and with an experienced mediator the whole process will be cheaper and quicker than using lawyers exclusively.

Myths and Facts about Mediation

Mediation is the soft and easier option when separating or divorcing:
This is not the case, as parties may not have seen or spoken to each other for some time and, there will be a lot of issues relating to finance, emotions and often arrangements for the children that will need to be discussed.

What is the point of Mediation?
Mediation works alongside solicitors and it enables a couple to have a conversation about financial and complex issues with the help of a trained specialist third party. The aim of such discussions is to come to an agreement on some or all areas in dispute, or even just to identify what is actually in agreement or not, so, their legal advisers can focus on these areas.

Mediation is Not Therapy:
Specialist family mediators are often lawyers (solicitors or barristers) and, all mediators have to work within the ‘shadow of the law’. Mediators are trained in facilitation, and, therapy is not appropriate within the mediation room.

Why do I need both a Solicitor and a Mediator, is it not just doubling my costs?
If you choose to use mediators, solicitors generally move into the background and are used at particular points during the mediation to give their client’s legal advice. This streamline use of legal advice limits the cost, but, also solicitors will need to be used to provide independent legal advice on any potential agreements and, to draft the final order to be presented before the court. Mediators are generally cheaper than solicitors and their hourly cost is divided between the couple, thereby, theoretically halving the cost of the process.

Can I use Mediation for just particular aspects of my separation/divorce?
Absolutely, some couples just want to use mediation to talk about arrangements for the children or, communication between them in the future. Financial disclosure often takes place within mediation and once ideas have been discussed a couple may revert back to their solicitors.

Download our PDF Form - Financial Disclosure - click to view
Download our PDF Guide - Financial Disclosure - click to view
Download our PDF Form - Monthly Outgoings - click to view
Download our PDF Form - Mediation Referral - click to view


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