What’s the next step after mediation?

By Solent Family Mediation |
March 18, 2021

What’s the next step after mediation?

Your mediator will supply you with a paper outlining any agreements reached at the completion of the mediation process.

You will receive either or

  • A Statement of Outcome that summarises your concluding agreements;
  • An MOU (memorandum of understanding between two parties) is a document that outlines your final agreements in detail.
  • Notes from the Mediator – if the mediation process has yielded no or limited agreements

The decisions you reach during mediation are not legally enforceable, therefore you have several options for moving forward:

  • You could immediately execute the agreements reached through mediation;
  • If the other party agrees, file a limited lawsuit asking the judge to make the terms of your mediation into a legally binding consent order;
  • If you are unable to settle your problem through mediation, you may want to revisit your attorney for additional discussions or even consider filing a lawsuit to have the matter decided by a judge.

What occurs if an agreement cannot be reached?

If the mediation technique does not provide the desired outcome and you are unable to resolve the issue, the mediator can supply you with a court form to file a lawsuit and have the matter decided by a judge, or you can continue to negotiate with a lawyer in an attempt to reach an agreement.

Even if it is partially effective, it can help you narrow down the issues you want the judge to address, saving you money and time.

Converting your contract into a Consent Order

To avoid misunderstandings after a successful resolution, both parties may agree to ask the court to turn their mediation agreement into a Consent Order. This may necessitate beginning restricted court procedures; due to the complexity of the process, you may wish to do so with the assistance of an attorney, but you can do so on your own if you like.

You should take the Statement of Outcome, Memorandum of Understanding, and Mediation Notes from the mediator with you to your attorney consultation. These documents will help your attorney transform the mediation agreements into a Consent Order.

Deciding not to acquire legal approval

Despite the fact that a Consent Order provides all parties with the assurance of a legally enforceable decision, many individuals choose not to formalise their agreements regarding child-related matters into a Consent Order because they believe they can manage the arrangements between themselves and trust each other to adhere to them.

However, the bulk of financial arrangements between divorcing couples must be formalised in a consent order in order to be legally enforceable. In the event of pension sharing, for instance, the pension company will be unable to implement the parties’ agreement without a consent order signed by all parties.

It is crucial to recognise that changes in your life may necessitate periodic revisions of your agreements. You can always come to us in the future to make modifications to the terms of your agreement.

How mediation works

It is a method for resolving any differences between you and your ex-partner with the assistance of a neutral third party. The third person is known as a mediator. They can help you achieve an agreement on money, property, or children.

You may attempt it prior to contacting an attorney. If you consult a lawyer first, they will likely discuss the possibility of mediation as a possible initial solution.

You are not required to attend mediation, but if you must go to court to resolve your dispute, you will typically be required to provide evidence that you attended a mediation information and evaluation conference (MIAM). This is an introductory meeting to introduce mediation and its potential benefits.

There are several instances in which you are not required to go to the MIAM prior to filing a lawsuit, such as if you have suffered domestic violence.

If you must go to court and your ex-spouse refuses to see a mediator, you should phone the mediator and discuss the situation. You cannot compel your ex-partner to participate in mediation.

If you want to keep costs low, try to reach as many agreements as possible with your ex-spouse before you begin. For instance, you may have already reached an agreement regarding your children, but need assistance determining how to divide your finances.

You may also agree to a fixed number of sessions with your mediator; this may assist you and your ex-spouse focus on reaching a resolution as quickly as possible.

Call Solent Family Mediation today to speak to one of our experts – with their huge amount of experience they cant help with all of your issues0238 161 1051