solicitor, mediator or both?

Closed Thread
  1. #1

    solicitor, mediator or both?

    I have been separated for a while and am looking into the whole divorce process.it is all completely new (and a bit scary!)to me and Im trying to clarify a few things before I commit to a solicitor (could be an expensive mistake!)
    I understand that a mediator can help both parties sort out arrangements for kids,financial dealings etc. If we can sort things out through a mediator, is there stil a need for me to appoint a solicitor?
    Will a mediator make suggestions or advise us both of our rights or do we need to know all that before we start?
    Has anyone been through the process and can recommend a mediator?

    Thanks in advance


  2. #2

    Join Date
    Jun 2005
    Location
    Hong Kong
    Posts
    23,181

    I haven't been through this, but unless you are very comfortable with the law and legal documents I would strongly recommend having a solicitor go over anything before you sign it. I would expect a mediator's role to be to help the parties to reach a mutually acceptable compromise, at a fairly conceptual level, on the division of the spoils and liabilities, but you really do need someone who is clearly acting on your behalf to make sure you're not being shafted by some legal technicalities. If there are substantial amounts of money involved you might also want to consider getting an accountant or tax specialist to have a look at it.


  3. #3

    Thanks PDLM!


  4. #4

    Join Date
    Jun 2006
    Posts
    833

    A solicitor has a duty to inform you of the Mediation and to encourage you to come to an agreement with your partner which you can have drawn up in a Consent Order. Mediation in divorce is used for the financial settlement.

    One important factor is where you are both resident and domiciled (not the same) and in which jurisdiction you will divorce. it is generally accepted that England and Wales is the most wife-friendly divorce jurisdiction in the world following the ruling in White v White where a 50/50 split is considered the starting point for financial settlement whereas in other jurisdictions a final 50/50 spilt is the norm. In the UK, it is common for 70/30 or 60/40 spilts.

    You also have to consider where the joint marital assets are held as matters may become complicated if different jurisdictions are involved.

    If you and your partner can agree on all or most of the issues then you should keep the involvement of solicitors to a minimum. Divorce solicitors are, in my experience, parasites feeding on the carcass of other people's misery. Only use them for the contentious issues where you and your partner cannot reach agreement. Otherwise, go down the route of Mediation. It is much cheaper, avoids court, and you should both be far happier with an agreement you can have drawn up by way of a Consent Order. Divorce solicitors have a nasty habit of making the matter more acrimonious and encouraging one party to go all to Court.

    Financial Mediatin in divorce is normally spread across at least 4 sessions (more if you wish) over a period of weeks so you will have plenty of time to consult with your solicitor if you wish. I would encourage you to come to a Memorandum of Understanding with your partner (with the asssitance of the Mediator) and to have your solicitor check it over and maybe tweak a few things before you have it stamped by the court by way of a legally binding Consent Order.

    Nobody wins in divorce - only blood-sucking lawyers who are only interested in their fee.