So, you have reached agreement in mediation. You have both committed to do various things and now you want your agreement to be made binding. What happens next, and where do the solicitors fit in to this?

In this article and video, I focus on financial agreements rather than parenting plans because it is unusual to ask for your parenting plans or family arrangements to be made into court orders but, if this is what you want, I would recommend that you seek legal advice and help.

In terms of your mediated financial agreement, let’s assume that you have now worked through all your options together in mediation, reality testing them and narrowing them down to a set of proposals that fit and suit your circumstances and achieve what you want them to achieve for you and your separated family.

You will now need your solicitors to prepare a consent order for the Judge to make binding. The Judge has the power to do this once Decree Nisi has been made within the divorce proceedings.

Although some mediators can and do prepare financial consent orders, at the end of the mediation process, it is still far more common for the solicitors to prepare these, even though the Family Mediation Council now permits suitably experienced and accredited family mediators to do this.

This may be one important reason why it will have been important to keep your solicitor ‘in the loop’ rather than suddenly presenting them with some mediated proposals, at the end of mediation, which are then far more likely to be picked apart for a variety of reasons which are not within the scope of this article.

Indeed, as I have explained in previous videos in this series, you might find it helpful to do more than simply keep your solicitors in the loop, in between mediation sessions, especially where there have been more complicated financial information and issues to understand and work through.

Here are a couple of quick examples of situations in which you are likely to find it useful to ask your solicitors to work together, with other financial experts, in between mediation sessions and with implementing your mediated agreement;

For example, what if, as part of your mediated agreement, an investment property is to be transferred between you? How much tax might have to be paid paid, by whom and when?

What if, for example, money is being raised out of a family business to achieve a clean break ? There are likely to be important tax considerations, among other things, to take into account, which you will need help with, from an accountant.

In both these situations, your solicitors should be able to collaborate, to support you and your former partner with selecting and instructing the right experts, understanding the information and your options, and as well as ensuring that your mediated agreement is implemented in the most efficient way.

Watch our series on business interests in divorce.

Where there are pensions, I recommend that you watch our pension online series- pensions on divorce, in which I talk about the option and potential benefit of asking your solicitors to collaborate to support you and your former partner, to select and properly instruct your Actuary to prepare a report about your pension options.

Even though Compass Resolution provides you with a significant amount of information, in various different forms and, even though some separating couples prefer to do things for themselves with the minimum of solicitor support, this is, in some circumstances, a false economy.

Your mediator will discuss with you and your former partner those situations where it is likely to pay to use your solicitors for this kind of mediation support work.

Indeed, more often than not, the best solution is for you and your former partner to find two solicitors, willing and able to support you and your former partner to work effectively together, during and in between mediation sessions, in what I refer to as a ‘supported mediation’ model in a process I refer to as ‘mediation teaming’.

These solicitors are also likely to be trained mediators or collaboratively trained solicitors, or both.

When it comes to properly implementing your mediated financial agreement, the nature of the mediation team and how well they work together is very important, ensuring that your solicitors and the necessary experts are communicating and collaborating effectively and efficiently, on your behalves, supporting you and your former partner to make the right decisions for yourselves.

It should be perfectly possible for each of your solicitors to effectively represent your individual interests, at the same time as collaborating, when necessary, to support you and your former partner to work together in mediation, and in between mediation sessions, with other financial experts, in the most effective and efficient way.

This may mean your solicitors having to speak to each other more often than they may be used to or adapting their usual practices a little to accommodate this kind of ‘supported mediation’ and ‘mediation team’ approach so that they are better able to serve your interests and, importantly, the process you and your former partner have chosen to use, to resolve things and reach financial agreements together.

It may be a step out of their comfort zones but, done well, it will be worth it and feel very worthwhile.

Thanks for watching this series and good luck.