A new law relating to family disputes resulting in court will commence on the 6th April 2011, and all legal parties involved in family disputes, particularly ones who are expecting to end up in court, are now legally required to consider with a mediator whether any financial dispute may be capable of being resolved through mediation prior to commencing court proceedings, as a way of dealing with cases faster, and not putting families through the mess of a court case. Not only does this save unnecessary stress for the family but it also means that the courtrooms can be used for other things.
Parenting issues and financial matters are just two examples of the many areas of issues of concern family mediation can hope to address, and possibly solve.
The legal parties will be required to attend a mediation information and assessment meeting and, if dispute is considered suitable for mediation they will both hopefully attend further mediation appointments together in the same room or if this is an unrealistic arrangement, then separate meetings can be arranged.
Following full and frank financial disclosure the family mediator will assist them to agree upon the division and allocation of the matrimonial and familial assets. If this process proves successful, and an amicable agreement is reached, a Memorandum of Understanding and Open Financial Statement is prepared.
During the process of mediation with any other parties, all parties involved have the legal right to consult their legal representative for any advice. Following the mediation meetings, if they are successful and the parties come to an agreed financial arrangement, there will be a drafted consent order, written by a nominated legal representative. This document will then be sent to the court and filed for the approval of a District Judge. The document will be sealed by the court if this approval goes ahead, and its contents will become legally binding for all parties.
Parenting issues and financial matters are just two examples of the many areas of issues of concern family mediation can hope to address, and possibly solve.
The legal parties will be required to attend a mediation information and assessment meeting and, if dispute is considered suitable for mediation they will both hopefully attend further mediation appointments together in the same room or if this is an unrealistic arrangement, then separate meetings can be arranged.
Following full and frank financial disclosure the family mediator will assist them to agree upon the division and allocation of the matrimonial and familial assets. If this process proves successful, and an amicable agreement is reached, a Memorandum of Understanding and Open Financial Statement is prepared.
During the process of mediation with any other parties, all parties involved have the legal right to consult their legal representative for any advice. Following the mediation meetings, if they are successful and the parties come to an agreed financial arrangement, there will be a drafted consent order, written by a nominated legal representative. This document will then be sent to the court and filed for the approval of a District Judge. The document will be sealed by the court if this approval goes ahead, and its contents will become legally binding for all parties.
About the Author:
For more advice on family mediation or to find a mediator for your family, visit Tolhurst Fisher. They are a solicitors firm who're always dedicated to getting the best and most agreeable results for their clients. Solicitors Essex. Unique version for reprint here: Family Mediation Laws As Of April 2011.
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