HFMS has close working relationships with referring solicitors and other professionals involved in family breakdown.

• Solicitors are required to give outline information about mediation and to refer a client to it who is seeking public funding for their divorce
• The Mediation service will set up an intake meeting where information will be exchanged between client and mediator and a financial assessment completed
• The Mediation service will contact the other party and invite them to come for a similar meeting.
• If both clients wish to proceed, mediation is set up
• Child only cases take up to 3 sessions of 1.5 hours
• All Issues cases take up to 5 sessions of 1.5 hours
• Toward the end of the process, clients will be encouraged to seek independent legal advice on options for settlement. This advice informs further discussion with the mediator as the settlement is finalised.
• After settlement is reached, documents are drawn up by the mediator, which can be converted into the Consent Order which is lodged in many cases, after Decree Absolute.

Legal Advice where a client is publicly funded

Where a client is publicly funded for mediation, their solicitor can advise them on potential settlement during the mediation process, under Family Help (Lower) certificate. The solicitor can also claim a settlement fee from the Legal Services Commission where a case is settled in mediation.

The Statutory Charge

Unlike public funding for legal representation which has to be repaid, public funding for mediation does not have to be repaid. Therefore any client assessed as eligible for public funding will not have to pay for mediation, nor to repay fees out of settlement.

Legal Information

Mediators will not advise clients but will give information to enable clients to do further research and to come to informed decisions about the future.

Legal Privilege

• Any conversations and work towards settlement in mediation remains confidential (unless there is a risk of harm or unlawful actions which are revealed)
• Financial information is “open” which means that it will need to be seen by legal advisors, and others.
• Work in progress towards settlement is legally privileged which means that it cannot be quoted in court at a later date, by either party. This means that clients can freely discuss options for settlement in a creative and productive way.