Who Pays for Family Mediation Devon ?
The law stipulates that anyone applying to the court for resolution of disputes concerning children or finances should first attend the Mediation Information and Assessment Meeting (MIAM) with a qualified mediator.
With more people getting enlightened on the need and viability of mediation to their circumstances, more families prefer family mediation over court proceedings. Although family mediation is not compulsory, it is more efficient, cost-effective, and quicker than going to court.
Any agreement made at the mediation stage regarding children can be used in court by a qualified solicitor, especially when creating a consent order for your children.
If you subscribe to family mediation, however, you will be required to pay for the sessions with your solicitor or mediator.
The accredited mediator will highlight the possible costs of intervention in the mediation information and assessment meeting. But who exactly is mandated to pay for family mediation? Here is everything you need to know.
The cost of mediation varies with different mediators and mediation services. This cost is also influenced by the number of sessions undertaken with your UKFMS mediator Devon
The faster an agreement is made, the cheaper the process.
One of the most common ways in which the mediation cost is settled is via cost-sharing, where the two parents share the cost in equal measure.
Sharing the cost of mediation with your ex-partner indicates a shared interest in the mediation process.
However, this method of payment can be a burden to one ex-partner compared to the other, especially when they differ in financial capacities.
This method may imply delayed mediation sessions and more borrowing for the ex-partner on a low income. It is important to note that the cost involved in court proceedings in regard to your children cannot be compared with the little amount cost-shared in processing an agreement or obtaining legal advice from a solicitor.
Payment as you go no surprises
Parents can come to an agreement to make payments for the mediation costs as they go along so no big bills. This agreement stipulates that any meeting with the accredited mediator at the MIAM or afterwards sessions will be covered by both parents as per their financial capacity.
This method allows for quick processing of an agreement as none of the parents will keep the process on hold in the name of lack of finances.
However, if your ex-partner is the one making the lower contribution by virtue of being under low income, they may feel indebted to you financially after the sessions. Information on your financial status, as well as that of your ex-partner, should be made clear during the mediation information and assessment meeting for legal advice.
This way, you will both receive advice on how you will come to an agreement regarding the percentage contribution to the cost of mediation.
This indicates a scenario where one of the parents makes an agreement to pay for all the scheduled sessions with a solicitor.
In some cases, an individual may prefer to cater to the total cost of mediation Devon because they are aware that their ex-partner is under a low income.
They may do this as a way of showing their interest to process an agreement as fast as possible.
Your ex-partner may shy away from sessions with a mediator after advice on the possible costs related to mediation in their first meeting at the MIAM Devon with one of our approved mediators. You may, however, process the payment by yourself as a way of encouraging your ex-partner into the mediation information and assessment meeting.
Also, your ex-partner may be satisfied with the status quo, and your efforts to have a quick agreement may translate to you paying for the whole process.
The good thing about paying as an individual is that meetings with the solicitor will continue seamlessly, regardless of the financial status of your ex-partner. You will receive advice and get assistance on how to come up with an agreement outside court without any delays.
Most of the time, however, the ex-partner paying for all the costs with a solicitor may feel that it is necessary to have all these costs reflected in any lawsuit presented to the court.
Pay Out of Joint Assets
This form of payment is an agreement between both parents to have one or either the two of them pay the qualified solicitor using their money. The agreement suggests that the two participants will be repaid from their joint assets once the mediation information and assessment meeting (MIAM)or mediation sessions are completed. While paying from joint assets may reduce their value, parents can rest assured that the cost of mediation has been facilitated, and they have received legal advice on the mediation process from a solicitor without any financial constraints.
Payment by the Legal Aid Agency
The Legal Aid Agency provides you with legal advice and financial support in solving disputes pertaining to your children outside of court in either of the following ways;
- Legal guidance regarding mediation and how to come to an agreement.
- The Mediation Information and Assessment Meeting (MIAM).
- Mediation Sessions.
- The Cost of Drawing the Agreement Order.
The Legal Aid Agency is part of the UK government’s legal advice and support to mediation in efforts to assist parents to resolve disputes concerning their children, outside court. This means that you will not pay for any cost of mediation incurred through the above activities as long as you are assessed as eligible. You will obtain legal advice from a mediator and be assisted to come up with an agreement outside court without any cost at all.
As per the 2014 provisions on Legal Aid Agency Funding, if either you or your ex-partner are qualified for Legal Aid funding, then both of you will have your Mediation and Information Assessment meeting paid for. You and your ex-partner will also get funding for your first session with your solicitor. You can browse through the Legal Aid Agency website to see whether you are qualified. Qualification for Legal Aid Agency services depends on, among other factors, each ex-partner gross income. If the income is relatively low for each ex-partner, then they are highly likely to qualify for Legal Aid Agency payment for their sessions with a solicitor.
If you are not qualified for the Legal Aid funding, you will be required to make payments before your MIAM meeting with your solicitor. Your solicitor should offer you legal advice on other possible alternatives to legal funding if both of you are under low income. Additionally, you can also get advice on whether or not, your situation requires family mediation. If you already have an agreement on how you can co-parent peacefully, then you only need a court order to show how you are going to do it.
If you need legal advice on how to come to an agreement outside of court on matters involving your kids, then a family mediation will be helpful. Court cases can drain your finances, and drain you and your kids emotionally. Mediations are a more gentle option to attending court proceedings. Mediators will advice you on how to reach an agreement on how you will co-parent in raising your kids. You can choose any of the following methods to make all payments for your sessions with a mediator.
If the involved parents do not come to an agreement through the mediator’s advice, then they can proceed to get legal advice from the court.