Stepping out of the courtroom and into the coffee room

What is the legal position of mediation?

It is very important to understand the protection mediation provides, as well as the legal security that might be needed afterwards. We are often asked questions such as-

Q: Are mediation agreements legally binding?
A: Parenting plans if signed outside of mediation can be something you can both rely on and refer back to.  Financial options discussed and options agreed and summarised in mediation are not binding, but an agreed plan can be turned into court orders with help from a solicitor if you both agree. Many couples use mediation to agree the detail, then ask a court to approve it as a consent order.

Q: What’s the difference between a parenting plan and a financial consent order?
A: The parenting plan is about the children’s day‑to‑day arrangements and how you’ll co‑parent. A financial consent order is a legal document that sets out how assets, income and pensions will be divided when you divorce.

Q: Do we still need lawyers if we use mediation?
A: Mediation doesn’t replace legal advice; it sits alongside it. Most people find it helpful to get independent legal advice on discussions and then use that advisor to draft then legal documents which are then signed and submitted to court.

 If you would like to discuss how mediation might be able to help you or someone you know, call us on 0800 206 2258 or email us at hello@familymandm.co.uk . You can also book a free call via our website  www.familymediationandmentoring.co.uk

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