The agreements reached at Mediation will be recorded by the Mediator in a Note of Mediated Agreement/Note of Understanding; carefully outlining the parties decisions. At this stage all the hard and difficult work has been completed; resulting in the clients maintaining control over the decisions relevant to their unique situation.
In order for the agreements to have legal effect it is necessary for the Note of Mediated Agreement to be incorporated into a Legal Separation Agreement - A DEED OF SEPARATION - each party is required to have legal representation - one solicitor draws up the Deed of Separation with the other solicitor reviewing it. Some clients ask "Do I have to go to Court" the answer is NO; once the parties are satisfied with the agreements reached a Court appearance is not necessary. A Court application is only necessary if clients fail to reach agreement.
Some clients wish to have Court Orders applied to the agreements reached at Mediation; in order to do this they must make an application to the Court; if this is the case they shall be assisted by their respective solicitors in taking the necessary steps. If as part of their Mediated Agreement a pension/pensions is required to be adjusted, this can only be done on foot of a Court Order, the two times that this can be achieved is (a) at Judicial Separation time and (b) at the time of Divorce. The clients shall be applying to the Court to grant a Pension Adjustment Order.
Clients should not worry about the complexity of the above as they will be encouraged by their Mediator to seek expert opinion on any issue that proves complex or in the event of the client not having enough information in order for them to make an informed decision.
Mediation Solutions can provide clients with the names of Family Law Solicitors in order for them to enter the process/negotiations from in informed position.