Mediation by Zoom
1 Jul 2020 | Lisa PepperAt Osbornes, our Family Law mediations are in the main, conducted by Zoom during lockdown as our main office in Camden is closed.
First steps
When you contact us for mediation, the first step is that we carry out a conflict check on both clients names, to check that the mediator isn’t conflicted to act , which we would be if either party had instructed us previously.
The mediator then has a telephone conversation with both clients prior to the first mediation session.
The initial information is provided to clients by email, so we need to know if either clients have an email address that needs to be kept confidential from the other. Both clients are asked to complete a Mediation Information Form which can also be found at the very bottom of our mediation page. Once completed, return to familymediation@osborneslaw.com . On receipt of your form, a mediator will call you within 48 hours to start the process.
Suitability
The mediator decides if the clients are suitable – if you are in the same house you may not be.
Intake Meetings and MIAMs
The mediator can have an “Intake meeting” with each client, individually if they wish, so that they can meet the mediator (on Zoom) beforehand, this would last c.30 mins and is charged at £250 + vat per client (the same as our MIAM rate). We do not however insist on an intake meeting; often clients prefer to get started sooner rather than later and once we’ve had a telephone call, are comfortable to proceeding to an actual first session of mediation. More information can be found about MIAMs here: here and here .
Separate rooms
You can be in separate virtual ‘rooms’ in Zoom mediation so do not need to see each other if either of you wishes – the mediator can ‘shuttle’ between you. The mediation is voluntary so only happens in a way both clients are comfortable.
Secrecy
The mediator cannot ‘hold’ a secret. Anything that the client tells the mediator, must be able to be shared with the other client, or the mediator can’t act.
Advice
Although not essential for the first mediation session, it is preferable if both clients each have a solicitor in the background to give legal advice between sessions as and when the client needs it. The benchmark as to what is fair is – what would a Judge think? Because the mediator cannot advise, s/he can only give very limited information about that. Clients very much benefit from having a solicitor in the background, to call from time to time. It is recommended that clients instruct a solicitor who supports the mediation process and is known for out of court dispute resolution.
Without prejudice
The negotiations are Without Prejudice. This allows clients to make proposals, discuss options and offer compromises without the fear that these suggestions will be repeated in Court, should clients be unable to reach agreement. Two exceptions to that: (i) when discussing matters concerning children, such negotiations are never Without Prejudice; and (ii) financial disclosure is not Without Prejudice, i.e. you cannot say you have £50,000 in an offshore account and later try to argue this shouldn’t be mentioned in court proceedings because it was said in a Without Prejudice mediation.
Documents
Because mediation is without prejudice, the process is not legally binding. Any summary document recording the “agreement” that the clients reach, produced by the mediator, is therefore not legally binding.
In financial mediation, a Memorandum of Understanding is produced by the mediator if you are able to reach conclusions, and summarises the non binding “agreement.” That is accompanied by an Open Financial Statement (OFS) which sets out financial disclosure that you provided to each other – i.e. lists the assets and the agreed values you ascribed to them in the negotiations. The OFS is ‘open’ and not without prejudice – because financial disclosure is not without prejudice as above.
With regards to arrangements for the children, the mediator can help you draft a Parenting Agreement – again this is non-binding. More information about Parenting Agreement can be found here.
Costs
There are 4 Family Law Mediators in the team: David Leadercramer, Bridget Thompson, Andrew Watson and Lisa Pepper. The sessions last an hour and a half. We prepare an attendance note of each session and send that to clients by email.
In terms of costs, the fees payable in advance of each session are £400 + VAT for a 1½ hour session with Bridget Thompson, Andrew Watson and Lisa Pepper. David Leadercramer’s fees are £295 + vat per hour. This fee does not include any additional work arising from the mediation, for example drafting documents such as a Memorandum of Understanding or Parenting Plan – but we generally agree such work in advance with clients on a fixed fee basis.
Next steps
If you wish to discuss the possibility of mediation with one of our mediators, please call for a confidential discussion on 020 7485 8811 or email our Family Mediation Team
Blog post written by Lisa Pepper
Share this article
Contact
Contact us today
For a free initial conversation call 020 7485 8811
Email us Send us an email and we’ll get back to you
More from LisaVIEW ALL
- 7.12.2022
Judge ignores pre-nuptial agreement but factors in non-matrimonial...
Case Law One of the reasons I am still passionate about family law, after 20 years in the field, is that...
Read more - 24.10.2022
Thirty lawyers at Osbornes noted by Legal 500 2023
Osbornes Law has once again been ranked in The Legal 500 2023. The Legal 500 is an independent legal guide which ranks leading...
Read more - 30.8.2022
Pension sharing on divorce
What is the new procedure for pension sharing? Pensions are one of the biggest assets of a marriage, yet many...
Read more - 30.8.2022
What is a transfer of equity?
Transfer of equity in divorce Transfer of equity refers to the process of transferring part or all of a property...
Read more - 30.8.2022
Do You Have To Go To Court For...
If your divorce is uncontested and there are no disputes over issues such as what happens to the marital home...
Read more - 6.5.2022
My ex has cut me off during divorce
Can my spouse cut me off financially? Unfortunately, it is far too common that when a client says it’s...
Read more - 6.5.2022
Divorce Loans
How the Court views loans from parents during divorce A frequent issue in financial divorce cases is a loan from...
Read more - 12.4.2022
Mediation or Arbitration: What’s best for me?
Few divorcing couples want to end up in court, which is why mediation and arbitration are faster and more effective...
Read more - 11.4.2022
Private Financial Dispute Resolution (FDR) for Divorce
Private FDR helps divorcing couples reach a financial settlement Our specialist divorce lawyers are keen to ensure our divorcing clients...
Read more - 18.1.2022
6 cases that shape a private children dispute
Family disputes involving children can be particularly emotive, which is why our expert children lawyers work tirelessly to understand how...
Read more - 9.12.2021
Are irreconcilable differences grounds for divorce?
If you have come across this article it may have been as a result of an online search to see...
Read more - 9.12.2021
Negotiating financial settlements in divorce
Costly and acrimonious divorces: a lesson in what not to do If you’re determined to pursue your financial claims...
Read more - 9.11.2021
Keeping social media out of divorce proceedings
We’ve recently seen the playing out on Twitter and Instagram of the high-profile separation of actor Ioan Gruffudd and...
Read more - 9.11.2021
How to speed up a divorce
6 steps to speed up the divorce process For many people, once they have made the decision that their marriage is...
Read more - 9.11.2021
Case Law Divorce Settlement
6 cases that shape your divorce settlement Part of what makes our divorce lawyers experts in their field is knowing what...
Read more - 22.8.2021
Leading Divorce Lawyers Recommended in Tatler
The family department is delighted to announce that two of our partners now appear in the ‘Tatler Advisory’ list of...
Read more - 10.8.2021
Child Maintenance: When is capital, income?
Reading a recent case from the Child Maintenance Tribunal, I considered it worth flagging up that the Child Maintenance Rules...
Read more - 27.4.2021
Divorce in your 60s – The Financial Implications
How common is a divorce in your 60s? The latest divorce figures from the Office of National Statistics (ONS) show...
Read more - 11.3.2021
Financial responsibilities of father on divorce
What are the financial responsibilities of a father on divorce? The period drama Bridgerton, the runaway success of the winter,...
Read more - 5.3.2021
Can you contest a prenuptial agreement?
Kanye West and Kim Kardashian are getting a divorce after nearly seven years of marriage. According to reports, Kim filed...
Read more - 5.10.2020
Lockdown rush to cohabitation leaves couples lacking financial...
When the lockdown was announced many couples had to make a rushed decision to move in together or face months...
Read more - 6.4.2020
Setting aside a financial remedy order
What has been the impact of the coronavirus pandemic on financial remedy orders? Can you do it at all? Barder...
Read more - 17.1.2020
Collaborative Divorce
What is a collaborative divorce? A collaborative divorce is where you and your spouse agree to resolve all matters arising...
Read more - 4.9.2019
Calderbank Offers
The Resurrection of Calderbank Offers When a couple divorces, they are encouraged by the Courts to consider other dispute resolution...
Read more