{"id":4463,"date":"2019-04-22T06:30:00","date_gmt":"2019-04-22T05:30:00","guid":{"rendered":"https:\/\/www.emmaheptonstall.com\/divorce-coaching\/?p=4463"},"modified":"2023-08-14T11:33:48","modified_gmt":"2023-08-14T10:33:48","slug":"how-family-mediation-can-help-you","status":"publish","type":"post","link":"https:\/\/www.emmaheptonstall.com\/divorce-coaching\/how-family-mediation-can-help-you\/","title":{"rendered":"How Family Mediation Can Help You"},"content":{"rendered":"<p>[et_pb_section fb_built=&#8221;1&#8243; _builder_version=&#8221;4.16&#8243; global_colors_info=&#8221;{}&#8221; theme_builder_area=&#8221;post_content&#8221;][et_pb_row _builder_version=&#8221;4.16&#8243; background_size=&#8221;initial&#8221; background_position=&#8221;top_left&#8221; background_repeat=&#8221;repeat&#8221; global_colors_info=&#8221;{}&#8221; theme_builder_area=&#8221;post_content&#8221;][et_pb_column type=&#8221;4_4&#8243; _builder_version=&#8221;4.16&#8243; custom_padding=&#8221;|||&#8221; global_colors_info=&#8221;{}&#8221; custom_padding__hover=&#8221;|||&#8221; theme_builder_area=&#8221;post_content&#8221;][et_pb_text _builder_version=&#8221;4.21.0&#8243; text_font_size=&#8221;16px&#8221; header_text_align=&#8221;justify&#8221; header_text_color=&#8221;#c5b2b1&#8243; header_2_text_align=&#8221;justify&#8221; header_2_text_color=&#8221;#c984a4&#8243; text_orientation=&#8221;justified&#8221; hover_enabled=&#8221;0&#8243; z_index_tablet=&#8221;500&#8243; global_colors_info=&#8221;{}&#8221; theme_builder_area=&#8221;post_content&#8221; sticky_enabled=&#8221;0&#8243;]<\/p>\n<p class=\"p2\"><span class=\"s1\">Last time on the blog we looked at the basics of what <a href=\"https:\/\/www.emmaheptonstall.com\/divorce-coaching\/should-i-choose-family-mediation\/\" target=\"_blank\" rel=\"noopener noreferrer\">family mediation is<\/a>. I also shared how it\u2019s not for everyone. If you are in a high conflict divorce mediation is unlikely to help you gain control or reach resolution, and a different approach is required. Check back <a href=\"https:\/\/www.emmaheptonstall.com\/divorce-coaching\/am-i-in-a-high-conflict-divorce\/\"><span class=\"s2\">here<\/span><\/a> for more. In this blog, we take a look at &#8216;<i>How Family Mediation Can Help You<\/i>&#8216;. \u00a0<\/span><\/p>\n<p class=\"p2\"><span class=\"s1\">Mediation is a smart choice for many separating and divorcing couples. When I talk to women, they talk about wanting to divorce with as little hassle as possible. They also want it to be as low cost as possible. Which makes sense! And this is where mediation can make all the difference.\u00a0 \u00a0<\/span><\/p>\n<p class=\"p2\"><span class=\"s1\">Using a trained mediator to help you resolve disagreements means you use solicitors much less. You\u2019re able to instruct them more efficiently. Instructing them means that you seek legal advice and you don&#8217;t not rely on them for emotional support or non-legal advice. This saves you a LOT of money. There is often a big\u00a0 difference between mediation costs and solicitor\u2019s fees (see Mediation in action below). It also means you are likely to reach an agreement you are both happy with for the longer term. This is preferable to having an order imposed by the courts. \u00a0 So, how can mediation help you? \u00a0<\/span><\/p>\n<h2 class=\"p3\"><span class=\"ez-toc-section\" id=\"mediation_encourages_lower_conflict_communication\"><\/span><span class=\"s1\">Mediation encourages lower conflict communication<\/span><span class=\"ez-toc-section-end\"><\/span><\/h2>\n<p class=\"p2\"><span class=\"s1\">Tempers flare in divorce \u2013 it\u2019s pretty much a given. For some couples, it\u2019s a continuation from a fiery marriage. That\u2019s how you\u2019ve always communicated and that\u2019s how you always will! For others, communication started out calmly, but as you\u2019ve got further down the line things have started to unravel. Or perhaps your soon-to-be-ex-husband has misinterpreted a text, email or conversation and things have suddenly escalated. All of these are common scenarios. \u00a0<\/span><\/p>\n<p class=\"p2\"><span class=\"s1\">When you add a mediator to the mix you take the heat out. SO many of the women I work with tell me, \u201cHe speaks so differently when the mediator\u2019s in the room!\u201d \u00a0 A mediator helps you focus on the facts and issues, without being derailed by blame games and fighting. They\u00a0steer you back, and ensure both sides are heard. This means decisions you reach are\u00a0 mutual and clear. \u00a0 Mediators help to ensure that your wants and needs, and those of your soon-to-be-ex-husband, are addressed fully.<span class=\"Apple-converted-space\">\u00a0 <\/span>You<span class=\"Apple-converted-space\">\u00a0 <\/span>then have a solid foundation for your future, post-divorce life. This is especially important if you have children, or joint business interests and need to maintain contact with each other. \u00a0 \u00a0<\/span><\/p>\n<h2 class=\"p3\"><span class=\"ez-toc-section\" id=\"mediation_for_parenting_issues\"><\/span><span class=\"s1\">Mediation for parenting issues<\/span><span class=\"ez-toc-section-end\"><\/span><\/h2>\n<p class=\"p2\"><span class=\"s1\">One of the biggest triggers for arguments and hurt in divorce is arrangements for children. Children are sometimes used as weapons in divorce, which is no good for them or for either of you. \u00a0 Mediation<span class=\"Apple-converted-space\">\u00a0 <\/span>helps you make collaborative, child-centred decisions about the future of your family. It is wise to produce a parenting plan, which covers all sorts of issues such as:<\/span><\/p>\n<ul class=\"ul1\">\n<li class=\"li4\"><span class=\"s1\">Where your children will live, and when<\/span><\/li>\n<li class=\"li4\"><span class=\"s1\">Holidays<\/span><\/li>\n<li class=\"li4\"><span class=\"s1\">Financial arrangements<\/span><\/li>\n<li class=\"li4\"><span class=\"s1\">Values and principles &#8211; at what age you are happy for children to stay over with friends, get their ears pierced etc<\/span><\/li>\n<\/ul>\n<p class=\"p2\"><span class=\"s1\">Mediation<span class=\"Apple-converted-space\">\u00a0 <\/span>helps with all of this. It is wise to keep your plan flexible, as you won\u2019t anticipate every little scenario. But a mediator will help you set an open, collaborative tone to the plan to build on as your children grow up. \u00a0 Your children may also find it helpful to be involved in mediation. <\/span><\/p>\n<p class=\"p2\"><span class=\"s1\">Older children and teenagers can speak to a mediator to share their thoughts on the future, and how their lives will be affected by divorce and separation. Your children\u2019s views can then become part of the parenting plan, helping them feel more in control too. I will talk more about this in a future post. \u00a0<\/span><\/p>\n<h2 class=\"p3\"><span class=\"ez-toc-section\" id=\"mediation_and_money\"><\/span><span class=\"s1\">Mediation and money<\/span><span class=\"ez-toc-section-end\"><\/span><\/h2>\n<p class=\"p2\"><span class=\"s1\">To ensure you and your soon-to-be-ex-husband are not financially bound after your divorce you will need to obtain a financial remedy order.<span class=\"Apple-converted-space\">\u00a0 <\/span>A financial remedy order is separate from the actual divorce (all divorce does is end your marriage \u2013 it has nothing to do with any joint financial arrangements). \u00a0 Part of this process involves financial disclosure. Both you and your soon-to-be-ex-husband will need to declare your joint and individual financial circumstances to the court. You can either do this in a financial statement, or in a form known as the Form E. You will be required to submit detailed information and evidence. Either way, a mediator will be able to help you. \u00a0<\/span><\/p>\n<p class=\"p2\"><span class=\"s1\">A mediator helps both of you take into account all of your financial issues, including those you may have missed. They help you relate your finances to the reality of your living situation, so you come up with solutions that will work for your family, both now and in the future. Working with a mediator means you retain far more control of this process than entering contested court proceedings. Fully contested proceedings may mean a decision is made on your behalf. \u00a0<\/span><\/p>\n<h2 class=\"p3\"><span class=\"ez-toc-section\" id=\"keep_it_clear\"><\/span><span class=\"s1\">Keep it clear<\/span><span class=\"ez-toc-section-end\"><\/span><\/h2>\n<p class=\"p2\"><span class=\"s1\">One of the reasons communication can get heated is misunderstanding. Maybe versions of events are remembered differently. This can happen to all of us, especially when emotions are high. When you enter mediation, your mediator will keep records of your conversations and decisions. You will both be able to trust the process,<span class=\"Apple-converted-space\">\u00a0 <\/span>knowing that each session is documented. \u00a0 When you do reach agreement over the future, your mediator will help you draw up a Memorandum of Understanding (MOU). This MOU is not legally binding, however it can form the basis of a consent order.<\/span><\/p>\n<h2 class=\"p2\"><span class=\"ez-toc-section\" id=\"mediation_in_action\"><\/span><span class=\"s1\">Mediation in Action<\/span><span class=\"ez-toc-section-end\"><\/span><\/h2>\n<p class=\"p2\"><span class=\"s1\">In my Amazon Best Selling book <a href=\"https:\/\/www.amazon.co.uk\/How-Be-Lady-Who-Leaves-ebook\/dp\/B0728KJNBZ\/ref=tmm_kin_swatch_0?_encoding=UTF8&amp;qid=1555345806&amp;sr=1-2\" target=\"_blank\" rel=\"noopener\"><span class=\"s2\"><i>How to be a Lady Who Leaves &#8211; The Ultimate Guide to Getting Divorce Ready\u00a0<\/i><\/span><\/a>I share the story of Rachel and Bob (not their real names). I met Rachel and Bob in my work as a mediator with my colleague. Rachel and Bob had separated acrimoniously (Rachel was still having a hard time coming to terms with the end of her marriage, and the fact that Bob had someone new). Two years into the separation and 12 months into divorce, Rachel and Bob were nowhere. They&#8217;d spent \u00a324,000 in legal fees and the only thing that was agreed was that they couldn&#8217;t even talk to each other anymore!<\/span><\/p>\n<p class=\"p2\"><span class=\"s1\">Mediation was a last resort to break the impasse. It was challenging. But mediation gave Rachel the space to share her anger and upset with Bob in an environment where he was supported to listen. To really listen and to take responsibility for the way he&#8217;d handled their break up. Five sessions of mediation over\u00a0 6 months saw Rachel and Bob move through the anger, pain and frustration they felt to reach a solution that honoured them both. This allowed them to move on. The total cost of mediation was less than \u00a34000. \u00a0<\/span><\/p>\n<h2 class=\"p2\"><span class=\"ez-toc-section\" id=\"getting_the_best_out_of_family_mediation\"><\/span><span class=\"s1\">Getting the best out of family mediation<\/span><span class=\"ez-toc-section-end\"><\/span><\/h2>\n<p>To get the best out of family mediation, be prepared. Think about what it is you want and need. Consider what your soon-to-be-ex-husband will want and need. Be open-minded and ready to compromise. Be willing to listen and hear.<\/p>\n<p>This can be challenging and you may find yourself going to mediation before you&#8217;re ready because you feel you must. Mediation is voluntary. If you&#8217;d like a session with me on how best to prepare for mediation, <a href=\"https:\/\/www.emmaheptonstall.com\/divorce-coaching\/contact\/\" target=\"_blank\" rel=\"noopener noreferrer\">contact me<\/a> and I&#8217;ll let you know more about how that works.<\/p>\n<h2><span class=\"ez-toc-section\" id=\"the_divorce_alchemist\"><\/span>The Divorce Alchemist<span class=\"ez-toc-section-end\"><\/span><\/h2>\n<p><a href=\"https:\/\/www.emmaheptonstall.com\/divorce-coaching\/about-me-emma-heptonstall\/\" target=\"_blank\" rel=\"noopener noreferrer\"><strong>Emma Heptonstall,<\/strong><\/a>\u00a0the Divorce Alchemist is author of the Amazon best selling book\u00a0<a href=\"https:\/\/www.amazon.co.uk\/How-Be-Lady-Who-Leaves\/dp\/1999631501\" target=\"_blank\" rel=\"noopener noreferrer\"><strong>How to be a Lady Who Leaves, the Ultimate Guide to Getting Divorce Ready<\/strong><\/a>. A former lawyer, Emma is a practising family mediator and founder of Get Divorce Ready the online self study and group programmes. Emma is featured on BBC Radio, The Telegraph, the iPaper and in Marie Claire Magazine. To find out more visit\u00a0<a href=\"https:\/\/www.emmaheptonstall.com\/divorce-coaching\/\" target=\"_blank\" rel=\"noopener noreferrer\"><strong>www.emmaheptonstall.com<\/strong><\/a><\/p>\n<p>[\/et_pb_text][\/et_pb_column][\/et_pb_row][\/et_pb_section]<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Last time on the blog we looked at the basics of what family mediation is. I also shared how it\u2019s not for everyone. If you are in a high conflict divorce mediation is unlikely to help you gain control or reach resolution, and a different approach is required. Check back here for more. In this [&hellip;]<\/p>\n","protected":false},"author":3,"featured_media":4486,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_et_pb_use_builder":"on","_et_pb_old_content":"<h1>How Family Mediation Can Help You<\/h1><p>\u00a0<\/p><p>Last time on the blog we looked at the basics of what family mediation is. I also shared how it\u2019s not for everyone. If you are in a high conflict divorce mediation is unlikely to help you gain control or reach resolution, different approaches are required. Check back <a href=\"https:\/\/www.emmaheptonstall.com\/divorce-coaching\/should-i-choose-family-mediation\/\" target=\"_blank\" rel=\"noopener noreferrer\">here<\/a> for more. In this blog, we take a look at '<em>How Family Mediation Can Help You<\/em>'.<\/p><p>\u00a0<\/p><p>For many separated and divorcing couples mediation is a smart choice. When I talk to women about what they want from their divorce, they usually talk about how they want it to be as little hassle and as low cost as possible. Which makes sense! And this is where mediation can make all the difference.<\/p><p>\u00a0<\/p><p>If you resolve your arrangements via a trained mediator, you will be able to use solicitors as they should be used \u2013 by <em>instructing<\/em> them, not relying on them for emotional support or non-legal advice. This will save you a LOT of money. There is often a big\u00a0 difference between mediation costs and solicitor\u2019s fees. It also means you are likely to reach an agreement you are both happy with for the longer term, rather than receiving an order imposed by the courts.<\/p><p>\u00a0<\/p><p>So, how can mediation help you?<\/p><p>\u00a0<\/p><h2>Mediation encourages lower conflict communication<\/h2><p>Tempers flare in divorce \u2013 it\u2019s pretty much a given. For some couples, it\u2019s a continuation from a fiery marriage. That\u2019s how you\u2019ve always communicated and that\u2019s how you always will! For others, communication may have started out calmly, but as you\u2019ve got further down the line things have started to unravel. Or perhaps your soon-to-be-ex-husband has misinterpreted a text, email or conversation and things have suddenly escalated. All of these are common scenarios.<\/p><p>\u00a0<\/p><p>When you add a mediator to the mix you take the heat out. SO many of the women I work with tell me, \u201cHe speaks so differently when the mediator\u2019s in the room!\u201d<\/p><p>\u00a0<\/p><p>A mediator helps you focus on the facts and issues, without being derailed by blame games and fighting. They\u00a0 steer you back, and ensure both sides are heard so that any decisions you reach are\u00a0 mutual and clear.<\/p><p>\u00a0<\/p><p>They help to ensure that your wants and needs, and those of your soon-to-be-ex-husband, are addressed fully, so you have a solid foundation for your future, post-divorce life. This is especially important if you have children, or joint business interests and need to maintain contact with each other.<\/p><p>\u00a0<\/p><p>\u00a0<\/p><h2>Mediation for parenting issues<\/h2><p>One of the biggest triggers for arguments and hurt in divorce is arrangements for children. Children can turn into a weapon in your divorce war, which is no good for them or for either of you.<\/p><p>\u00a0<\/p><p>Mediation can help you make collaborative, child-centred decisions about the future of your family. It is wise to produce a parenting plan, which covers all sorts of issues such as:<\/p><ul><li>Where your children will live, and when<\/li><li>Holidays<\/li><li>Financial arrangements<\/li><li>Values and principles - at what age you are happy for children to stay over with friends, get their ears pierced etc<\/li><\/ul><p>Mediation can help with all of this. It is wise to keep your plan flexible, as you won\u2019t anticipate every little scenario. But a mediator will help you set an open, collaborative tone to the plan to build on as your children grow up.<\/p><p>\u00a0<\/p><p>Your children may also find it helpful to be involved in mediation. Older children and teenagers can speak to a mediator to share their thoughts on the future, and how their lives will be affected by divorce and separation. Your children\u2019s views can then become part of the parenting plan, helping them feel more in control too. I will talk more about this in a future post.<\/p><p>\u00a0<\/p><h2>Mediation and money<\/h2><p>To ensure you and your soon-to-be-ex-husband are not financially bound after your divorce you will need to obtain a financial remedy order \u2013 this is separate from the actual divorce (all divorce does is end your marriage \u2013 it has nothing to do with any joint financial arrangements).<\/p><p>\u00a0<\/p><p>Part of this process involves financial disclosure. Both you and your soon-to-be-ex-husband will need to declare your joint and individual assets and liabilities to the court. You can either do this in a financial statement, or in a form known as the Form E, which requires detailed information and evidence. Either way, a mediator will be able to help you.<\/p><p>\u00a0<\/p><p>A mediator helps both of you take into account all of your financial issues, including those you may have missed, such as pensions. They help you relate your finances to the reality of your living situation, so you come up with solutions that will work for your family, both now and in the future. When you work with a mediator, you retain far more control of this process than entering contested court proceedings, where decisions will be made on your behalf.<\/p><p>\u00a0<\/p><h2>Keep it clear<\/h2><p>One of the reasons communication can get heated is misunderstanding. Maybe versions of events are remembered differently. This can happen to all of us, especially when emotions are high. When you enter mediation, your mediator will keep records of your conversations and decisions. You will both be able to trust the process, and know that each session is documented.<\/p><p>\u00a0<\/p><p>When you do reach agreement over the future, your mediator will help you draw up a Memorandum of Understanding (MOU) This MOU is not legally binding, however it can form the basis of a court order, which will give it force of law.<\/p><p>\u00a0<\/p><h2>Mediation in Action<\/h2><p>In my Amazon Best Selling book <a href=\"https:\/\/www.amazon.co.uk\/How-Be-Lady-Who-Leaves-ebook\/dp\/B0728KJNBZ\/ref=tmm_kin_swatch_0?_encoding=UTF8&qid=1555345806&sr=1-2\" target=\"_blank\" rel=\"noopener noreferrer\"><em>How to be a Lady Who Leaves - The Ultimate Guide to Getting Divorce Ready\u00a0<\/em><\/a>I share the story of Rachel and Bob (not their real names). I met Rachel and Bob in my work as a mediator with my colleague. Rachel and Bob had separated acrimoniously (Rachel was still having a hard time coming to terms with the end of her marriage and the fact that Bob had someone new).<\/p><p>Two years into the separation and 12 months into divorce, Rachel and Bob were no where. They'd spent \u00a324,000 in legal fees and the only thing that was agreed was that they couldn't even talk to each other anymore.<\/p><p>Mediation was a last resort to break the impasse.<\/p><p>It was challenging.<\/p><p>But mediation gave Rachel the space to share her anger and upset with Bob in an environment where he was supported to listen. To really listen and to take responsibility for the way he'd handled their break up. Five sessions of mediation over a period of 6 months saw Rachel and Bob move through the anger, pain and frustration they felt to reach a solution that honoured them both and allowed them to move on. The total cost of mediation was less than \u00a34000.<\/p><p>\u00a0<\/p><h2>The Divorce Alchemist<\/h2><p><a href=\"https:\/\/www.emmaheptonstall.com\/divorce-coaching\/about-me-emma-heptonstall\/\" target=\"_blank\" rel=\"noopener noreferrer\"><strong>Emma Heptonstall,<\/strong><\/a>\u00a0the Divorce Alchemist is author of the Amazon best selling book\u00a0<a href=\"https:\/\/www.amazon.co.uk\/How-Be-Lady-Who-Leaves\/dp\/1999631501\" target=\"_blank\" rel=\"noopener noreferrer\"><strong>How to be a Lady Who Leaves, the Ultimate Guide to Getting Divorce Ready<\/strong><\/a>. A former lawyer, Emma is a practising family mediator and founder of Get Divorce Ready the online self study and group programmes. Emma is featured on BBC Radio, The Telegraph, the iPaper and in Marie Claire Magazine. To find out more visit\u00a0<a href=\"https:\/\/www.emmaheptonstall.com\/divorce-coaching\/\" target=\"_blank\" rel=\"noopener noreferrer\"><strong>www.emmaheptonstall.com<\/strong><\/a><\/p>","_et_gb_content_width":"","_jetpack_newsletter_access":"","_jetpack_dont_email_post_to_subs":false,"_jetpack_newsletter_tier_id":0,"_jetpack_memberships_contains_paywalled_content":false,"_jetpack_feature_clip_id":0,"_jetpack_memberships_contains_paid_content":false,"footnotes":"","jetpack_post_was_ever_published":false},"categories":[1799,1],"tags":[],"class_list":["post-4463","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-family-mediation","category-i-want-to-leave-my-husband"],"jetpack_featured_media_url":"https:\/\/i0.wp.com\/www.emmaheptonstall.com\/wp-content\/uploads\/2019\/04\/Copy-of-Copy-of-EH_BlogImage-1.png?fit=1000%2C516&ssl=1","jetpack_shortlink":"https:\/\/wp.me\/p6aDhr-19Z","jetpack_sharing_enabled":true,"_links":{"self":[{"href":"https:\/\/www.emmaheptonstall.com\/divorce-coaching\/wp-json\/wp\/v2\/posts\/4463","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.emmaheptonstall.com\/divorce-coaching\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.emmaheptonstall.com\/divorce-coaching\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.emmaheptonstall.com\/divorce-coaching\/wp-json\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/www.emmaheptonstall.com\/divorce-coaching\/wp-json\/wp\/v2\/comments?post=4463"}],"version-history":[{"count":0,"href":"https:\/\/www.emmaheptonstall.com\/divorce-coaching\/wp-json\/wp\/v2\/posts\/4463\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.emmaheptonstall.com\/divorce-coaching\/wp-json\/wp\/v2\/media\/4486"}],"wp:attachment":[{"href":"https:\/\/www.emmaheptonstall.com\/divorce-coaching\/wp-json\/wp\/v2\/media?parent=4463"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.emmaheptonstall.com\/divorce-coaching\/wp-json\/wp\/v2\/categories?post=4463"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.emmaheptonstall.com\/divorce-coaching\/wp-json\/wp\/v2\/tags?post=4463"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}