Our finances are extremely complicated and I do not understand them/ or are aware of them. They involve significant pensions, complex business structures and / or trusts. I am worried that mediation is only for simple cases and I need a solicitor to get to the bottom of these issues.
Rachel’s in depth knowledge and experience, means that she is adept at understanding complex accounts, pensions etc. If necessary, relevant experts can be invited into the mediation to explain and clarify issues. In particularly complicated situations or where certain assets are substantial, it may also be necessary to instruct an expert to produce a report. It is always advisable for each party to instruct a solicitor. However, the role of the solicitor will be limited to that of an advisory capacity only and the costs involved will be significantly limited.
What about the actual divorce? Can this be dealt with in the mediation?
Yes, so long as the grounds for divorce are agreed upon, all the paperwork, including the drafting of the petition, can be done together in the mediation. Rachel, will offer guidance and information during the process, which in turn will result in significant savings.
I just want the mediator to sign the relevant form so that I can issue Court proceedings.
So long as you attend the requisite Mediation Information and Assessment Meeting (MIAM), the relevant form can be signed off so that Court proceedings can be issued.
We really hate each other, I can not imagine mediation ever working!
If matters have escalated to the point where communication is limited or even non existent, mediation can still work. In situations such as these it is often helpful for the mediation to begin using the format of shuttle mediation. There will be no direct contact between the parties and mediation will take place in separate rooms.
How much will mediation cost?
Mediation is a much cheaper alternative to trying to resolve matters through solicitor’s correspondence or litigation. Where matters are extremely simple, agreement can be reached in just one or two sessions. On average around four to five mediation sessions should be sufficient to reach agreement, although this may increase when circumstances are more complicated or extensive.
The average total cost of mediation is around £1,700 – £2,300.
This can also include the actual divorce process (not including court fees of £550). This does not include the cost of any legal advice taken. However, these costs will be limited to advice only and should be limited.
If mediation is not used and matters are to be resolved via solicitor’s correspondence, the costs will be a minimum of £5,000 per person.
If Court proceedings are issued then costs can expect to rise to at least £10,000 per person