case studies

Andrew and Alison came to mediation to decide arrangements following separation. As both the financial arrangements and the children needed to be discussed, this was an example of All Issues Mediation.

The couple had been married for 9 years and had two children - Peter (aged 5) and Rosie (8). The children lived with Alison in the family home, which had been valued at £100,000 with £40,000 of equity.

Alison and Andrew had tried to sit down and discuss what should happen after the separation but they had been unable to acheive an agreement because they both had different priorities. Andrew's concern was increasing his contact with the children, whereas Alison was increasingly worried about keeping the house and wanted to sort out the finances. She also felt that there wasn’t enough room at Andrew’s rented flat for the children to stay overnight.  Discussions had dissolved into arguments and Andrew felt Alison was using the children against him. Andrew went to see his solicitor who made a referral for family mediation.

Both Andrew and Alison attended an individual information and assessment meeting with the mediator and decided to try mediation. At the first mediation meeting the mediator helped Andrew and Alison create an agenda which balanced both discussing contact and the finances. The mediator explained that before they could discuss any financial options they needed to know what their financial situation was by completing a financial disclosure pack. Part of the session was spent explaining how to do this and what evidence needed to be brought to the next meeting. The rest of the session was spent agreeing interim contact arrangements, and finding common ground on which to build a co-parenting relationship.

At the second session both parties brought the completed financial disclosure forms and discussed in more depth their assets, liabilities and their needs following divorce. Andrew and Alison agreed to meet with their mortgage provider before the next meeting to find out whether Alison could “buy out” Andrew from the equity in the property, or whether it was better for Andrew to have a legal charge on the property. They both agreed that they would clear the matrimonial debt using equity from the home before any settlement was paid.

The mediator told them that a summary of their financial situation would be sent to them both after the meeting, which they could take to their solicitors to get independant legal advice on their options. A detailed account of their financial disclosure called the Open Statement of Financial Information would be ready for them to sign at the next meeting. Time in the second session was also spent reviewing the interim contact arrangements. Both parties said contact had gone well, and set down a permanent structure for contact in future.

At the third session, both parties reported that they had seen their mortgage provider and Alison was able to raise a lump sum. They decided that they wanted a “clean break” and paying Andrew a lump sum would be best as this would allow Alison to keep the house and Andrew could buy a property with enough space for the children. The agreements reached in the session were drafted into a Memorandum of Understanding by the mediator, which the parties were able to take to their solicitors to have incorporated into a Consent Order.