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New legal requirements for Mediation

  • awb1209
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27 Mar 12 #320319 by awb1209
Topic started by awb1209
Hi,
My wife and I have been granted a Decree Nisi but are now arguing over assets. We have initially voluntarily swapped form Es but she has now initiated a First Appointment with the court (due in May). With the new MOJ guidelines on mediation is it required that we have been to mediation before the first appointment? I would like to go, her solicitors dont seem to have suggested this to her.

Thanks

Antony

  • WhiteRose
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27 Mar 12 #320322 by WhiteRose
Reply from WhiteRose
Hi Anthony,

I think to proceed to Court you need a Form FM1 from the mediation Service - this form means your situation has been assessed and they think mediation is not suitable.

Have a look at this link:

www.wikivorce.com/divorce/mediation/Medi...luding-form-FM1.html

WR

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28 Mar 12 #320377 by Imediate
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Antony

Do see if you can encourage your wife to go to mediation. It really does have many advantages compared to fighting through lawyers - cheaper, quicker and less aggressive, and the two of you make the decisions together rather each lawyer trying to grab as much of the pot as possible.

There is an article I wrote which she might helpful. It can be found at: www.wikivorce.com/divorce/mediation/Arti...oute-to-divorce.html

I hope it works for you both

  • .Charles
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28 Mar 12 #320393 by .Charles
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Both parties are invited to attend a mediation assessment where the mediator will determine if the case is suitable for mediation or not. This assessment is mandatory but mediation is not.

I saw a completed FM1 yesterday where the mediator ticked the box that said something along the lines of "one of the parties declined to attend the assessment meeting therefore I determine that this case is unsuitable for mediation" - this is then used to issue proceedings.

I''m not sure how many people go through mediation that would not have done so prior to the new procedure. I guess that having the mediation process within easy reach will allow more people to avail themselves of that process but otherwise, if the parties are at loggerheads, mediation will not take place.

Charles

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