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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34288
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My Wife and I are separating. We were due to see a mediator

Resolved Question:

My Wife and I are separating. We were due to see a mediator amicably but I have just received a letter from her solicitor stating that they have referred the case to another mediator and want 'documentary evidence of all income, outgoings, assets and liabilities along with the transfer values of all pension funds' within the next 14 days.
I have requested my wife uses the original mediators to which I await her response but my main question is am I obligated to send her solicitors my financial disclosure or should they request it from the mediators whom I happy to share it with.
I'm just conscious that I don't want to leave myself in a lesser position in regards ***** ***** proceedings.
Regards
Chris
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
What explanation has been given for the change in Mediator?
Clare
Customer: replied 2 years ago.

None, I'm not entirely sure my wife informed them that we had already discussed this matter and agreed to go. This was being handled amicably, or so I thought by ourselves. I was quite frankly blindsided by the Solicitors involvement in the matter.

The letter states:-

'Regrettably, our client is of the view that the marriage has broken down irretrievably, she wishes to make progress regarding the resolution of the financial matters and to this end, we have made a referral to mediation as a way of resolving these issues. We confirm that Family Mediators South Wales Ltd will be in touch shortly to arrange an appointment date and we trust that you will attend.

In the meantime you will need to collate your financial disclosure and we look forward to receiving documentary evidence of your income, outgoings, assets and liabilities along with the transfer values of all pension funds. This information will be required by both ourselves and mediation services.

If you do not understand the implications of this letter we strongly recommend that you seek independent legal advice.

We look forward to hearing from either you or your solicitors in the next 14 days'

So to re-iterate:-

1. I have no issue supplying the information to mediation services for an agreement to be reached, my wife has all of these details anyway, I am just dubious about sharing them with her law firm at this point.

2. Our mediator was to be 'National Family Mediation' a not for profit organisation who I saw as completely impartial. The mediation firm they have suggested is a private practice referred to by my wife's solicitor so be it wrongly or rightly I would put less trust in them being completely impartial.

Regards

Chris

Expert:  Clare replied 2 years ago.
Hi
Had you already started the process with the other Mediator?
Clare
Customer: replied 2 years ago.

No, we hadn't. We both have separate holidays coming up with our boys so it was planned for the 2nd half of August. There was no request from my wife to move the date either or I would have brought it forward as I have now told her. We are still living under the same roof.

Regards

Chris

Expert:  Clare replied 2 years ago.
Hi
Ok - just to check - do you have any objection to the change in mediator?
Clare
Customer: replied 2 years ago.

Yes I have an objection, as per point 2 above I do not see the need to change mediators and do not want to go with the one her solicitor has suggested for both the reason below and the fact they will cost more.

2. Our mediator was to be 'National Family Mediation' a not for profit organisation who I saw as completely impartial. The mediation firm they have suggested is a private practice referred to by my wife's solicitor so be it wrongly or rightly I would put less trust in them being completely impartial.

Regards

Chris

Expert:  Clare replied 2 years ago.
Hi
In fact all mediators are impartial and have the same training and work to the same standards whether they are a Not for Profit or a commercial venture.
There is nothing sinister in the fact that the referral was made by her solicitor - it is a routine step taken by family lawyers - so all you need to do is contact them and say that you would prefer to use the firm that you and your ex had previously agreed on - although it is not worth making a major issue of it - it is not impossible that using their local knowledge they have nominated the best local one - it is what I do!
With regard to the financial information again the matter is to an extent equally finally balanced.
You can certainly simply say that you would prefer to delay sending them the information IF mediation fails.
You do need to be aware that the role of the mediator does NOT include passing information to any solicitor
I hope that this is of assistance - please ask if you need further details
Clare
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