[Solved] Mediation / Solicitor

you don't need a solicitor for any of it you will need a c100 form to be filled out to make your application to court and all you do is get the mediator to sign that c100 off when mediation fails then you put your c100 application in to court for a child arrangement order.

Anything agreed in mediation and drawn up by a solicitor is not legally binding, only a court order is.

It's not difficult to self rep for court and there is a wealth of info in the stickies at the top of the Legal Eagle section. Good luck

People have told me that it is best to self represent if you go to court but my question is in regards to mediation. I have seen the option for one day mediation where you can have everything signed off done and dusted. Can you advise me if this is a good option?

It depends how difficult/agreeable/hostile you ex is. Generally, the more hostile/difficult your ex is, the more mediation sessions will be required (if she attends). But there is always the risk such an ex will walk out after a few sessions. Doing everything in one (4 or 6 hour session) will only work if you and your ex and no too far apart in terms of agreeing. As you have not gone into much detail about your ex's actions - it is hard to say. Unfortunately, mediation (before court) comes at a time when tensions are increasing and when some parents may have outdated ideas of what a family court judge will sanction - which is why it is not taken seriously (enough) by some parents - before court.

Also is it worth having a solicitor for the mediation part but self representing in court? It's just that I have seen many articles on the mediation websites that say you need a solicitor to sign everything off at the end?

I think you are confusing a number of different non-court resolution methods.
1. It is possible to have "collaborative law" meetings involving two parents and two solicitors, where an agreement is worked out "collaboratively" (one solicitor is bad enough...but two!!!). But this is not generally called "mediation" and the solicitors may or may not be trained mediators.
2. Regarding mediation and having a solicitor sign things off, I don't think there would be much point. The only benefit of this would be to show that you have a family-based agreement (although a mediator can do this - or even a simple letter arranged by both parents, signed, dated, etc) - but as it is not legally binding, it seems of little benefit (the solicitor, not the family-based agreement).
3. It is also possible to have the outcome of mediation taken to Court and made into a Consent Order - which is legally binding. You can ask the mediator about this option.

Thanks for your reply, so I have now informed the ex about mediation, she didn't take very well to it but that's what I thought would happen. She hasn't denied access which is good but she is now asking me to take someone with me to pick my daughter up as she doesn't want to see me at the door I take it.

Where do I stand on this having someone go to the door instead of me, the majority of the time it's later than the arranged time so I don't really wish to have someone sitting around. Its not fair on anyone but I wait because she's my child, I don't want to have to put that on to someone else as well though?

Perhaps you should make the point that it wouldn't be fair to ask someone to go with you and then have to sit around waiting when she is late. If she is uncomfortable you could suggest that she has someone there that can answer the door, as it's her that's decided it's a problem...Leaving that last bit out of the conversation of course!

If you cant reach agreement, this is something that you could discuss at mediation.

As Yoda has said, any agreement reached during mediation isn't legally binding. You can ask the Mediator to draw up a Memorandum of Understanding, at least then you have something in writing, legally binding or not.

It might also be a good idea to suggest you both work on a parenting plan, you will find information and a template for the CAFCASS Parenting Plan in the stickys at the top of the legal eagle section.

Hi Mojo,

Thanks for your very good advise as well, all you people are just amazing. I would be lost without you.

Thanks,

TheDaddy

You're welcome TD

Here's a link to the CAFCASS Parenting Plan sticky, just in case you haven't checked it out.

http://www.dad.info/forum/legal-eagle/38959-cafcass-parenting-plan

Thanks Mojo, the problem is that she will agree to things but then do the opposite or make excuses as to why they cant happen every single time. I'm not sure an agreed parenting plan is going to help with that?

If, or more likely when, you apply to court you will be asked on the form if you have agreed a parenting plan and asked to attach it, it will help in that respect, they will look at what she has agreed and may use it to help them decide on what contact etc to order....That's the theory!

You could print one off for her and send it to her, asking her to fill it out, with you doing the same, and it could then form the basis of your discussions at mediation.

It all helps to show the court that you are trying your utmost to try and reach an amicable arrangement.