In this resource we take a look at the final stage of mediation after you and your ex-partner have reached an agreement through joint sessions.
Once you have completed the mediation process, the mediator will write all of your agreements up into a document. The name of these documents can vary from service to service, but we have explained the commonly used agreement documents below.
What is a Disclosure Form/Form E?
In financial mediation cases, the mediator will ask you to complete a disclosure form or a Form E. In this form you will disclose all of your financial information including any money you receive from wages, benefits, child maintenance etc. and you will also explain any savings, bank accounts, assets etc. that you have. The information you provide in these documents must be full and frank, if you do not provide accurate information it is illegal. In the joint sessions you will provide 2 photocopies of this form, as well as copies of bank and pension statements, just to name a few. You will keep the original and both your ex-partner and the mediator will also receive a copy.
The mediator is unable to provide any assistance in completing these forms. If you require support, you will need to seek legal or financial advice.
What is an Open Statement of Financial Information?
Once agreements have been reached, the mediator will write the information, which has been provided in the disclosure form, into a document called an Open Statement of Financial Information. This document is not legally privileged, meaning it can be used in future legal proceedings. The information you provide in these documents must be full and frank, if you do not provide accurate information it is illegal, and you may face prosecution if you are found out to be untruthful by the courts.
Both you are your ex-partner will receive a copy of the Open Statement of Financial Information
What is a Memorandum of Understanding or Statement of Outcome?
Once decisions regarding finances and/or property have been reached, the mediator will provide you with a Memorandum of Understanding (MOU). This is a full and comprehensive summary of all that has been discussed throughout mediation and what decisions and agreements have been reached. The MOU is not a legally binding document but again can be made into a binding agreement by a solicitor. This document is also legally privileged, which in the instance of an MOU means that it cannot be used in a court proceedings unlike an open statement of financial information.
What is a Parenting Plan?
In child arrangements mediation cases or all issues cases (both financial and child arrangements issues) once you and your ex-partner have come to an agreement about child arrangements, usually including when both parents will see the child/ren, school holiday/public holiday arrangements, information regarding education, doctors, going abroad, the mediator will compile this information into a document called a Parenting Plan. The parenting plan is not legally binding, however it can be made legally binding by a solicitor, although this is rare. It is also legally privileged meaning it cannot be used in future court proceedings.
In all issues cases you will receive an Open Statement of Financial information, a Memorandum of Understanding and a Parenting Plan.
For more information about any of the documents explained above or you wish to know how you can access these documents please call on 01905 330055 and a mediator will be more than happy to speak to you.
For a searchable database of family mediation services please visit The Family Mediation Council.
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