Introduction

Separation and divorce will affect many aspects of your life and that of your family. Many important and difficult decisions have to be made which can add to the emotional stress of your situation. Issues relating to children, money, property and possessions need to be resolved in the best interests of all concerned. Instead of negotiating with your partner at arms’ length through your own separate solicitors or battling it out through the courts, you and your partner work together with the help of a trained family mediator to resolve those issues yourselves.

Why have a lawyer as mediator?
Lawyer mediators are solicitors who have combined many years of family law experience with intensive training in mediation skills. This combination of practical experience and legal knowledge makes lawyer mediators ideally equipped to deal with all the issues that arise.

Richard Ward was one of the first solicitors in Aberdeen and Scotland to train as a family mediator and is a founder member of CALM, the national organisation for solicitor mediators in Scotland.

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Do we both have to go?
Mediation can only work if you are both there, willing to discuss the issues.  We will arrange an informal setting for you and your partner to meet with Richard to discuss the available options. You will be required to provide any financial information necessary.  He will give you both legal information about your situation to help you to come to an arrangement with your partner which is acceptable to you both.

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Is it binding?
Discussions at mediation are confidential, so you will not be bound by any arrangements unless you have also taken independent legal advice and signed a written agreement. At the end of the mediation your mediator will, if you wish, set out the proposals that you have jointly made. If you want to have a binding legal agreement, you will each need your own solicitor to do this for you.

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How much will it cost?
We will tell you our hourly rate in advance This can be shared between you and your partner in whatever proportions you agree. If you qualify for legal aid, your share may be paid for you. Sessions usually last about one and a half hours and 3-4 sessions are usually enough. Mediation is usually less expensive than negotiating through solicitors or going to court.

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Will we sort out everything out at mediation?
It is possible through mediation to find solutions which are workable and acceptable to both of you. Only a court can grant a divorce, but if you have sorted out all or most of the other issues, the court proceedings are likely to be shorter and less expensive than they would otherwise have been. You may not even have to attend at court at all.

This is what one of our mediation clients has said:-

“I thank you… very much indeed for how you dealt with the mediation sessions with both my husband and I. You helped make what was a very stressful time as bearable as possible!”

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Where can I get more information?
To find out more about mediation, telephone us on 01224 621622 and ask to speak to either Richard Ward or Anne Cassidy. You can also contact Richard Ward by e-mail: richard@duthieward.co.uk

The legal information contained in this site is not comprehensive, nor should it be treated as a substitute for specific legal advice on any individual situation.

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