The following Family practice note Produced in partnership with Suzanne Kingston of Mills & Reeve provides comprehensive and up to date legal information covering:
This Practice Note details the process of mediation and issues to be considered by the parties' solicitors prior to, during and after the mediation process. It considers preliminary information, the intake session, a memorandum of understanding and the involvement of third parties in mediation and includes a glossary of commonly used terms and their meaning.
The general process for mediation is:
the clients choose mediation and decide what type of mediator they wish to instruct and the type of mediation model they wish to undertake—see Practice Note: Mediation—introduction
the parties approach a mediator (potentially via their own lawyers) who then engages with the couple by way of a three-way email setting out how they propose to undertake the mediation
often the mediator will send a preliminary information form (see Precedent: Mediation preliminary information form BFLS 6E ) to the parties for them to complete and return—this is the only confidential document in the mediation and it allows the parties to set out their own individual views of the elements in dispute and to request a separate short meeting ('intake session') at the beginning of the mediation to see whether or not mediation is the right process for them
at the intake session the parties will each be offered the opportunity to see the mediator for approximately 30 minutes on their own
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