The Divorce Mediation Agreement is a crucial document used when divorcing couples choose to resolve their disputes through mediation rather than court proceedings. This agreement, governed by the laws of England and Wales, establishes the framework for conducting mediation sessions, outlining confidentiality obligations, costs, and the overall process. It supports the requirements of the Family Law Act 1996 and recent reforms under the Divorce, Dissolution and Separation Act 2020. The document typically includes provisions for financial disclosure, arrangements for children (if applicable), and the appointment of a qualified mediator. It serves as a binding agreement between the parties and the mediator, ensuring all participants understand their rights, obligations, and the mediation process structure.
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1. Parties: Identifies all parties to the mediation agreement
2. Background: Context of the divorce and decision to pursue mediation
3. Definitions: Key terms used throughout the agreement
4. Appointment of Mediator: Details of the appointed mediator and their qualifications
5. Mediation Process: Structure and format of the mediation sessions
6. Confidentiality: Confidentiality obligations of all parties
7. Costs: Fee structure and payment terms
8. Termination: Circumstances under which mediation can be terminated
1. Children Arrangements: Include when children are involved in the divorce - covers arrangements for children under 18
2. Financial Disclosure: Procedures for financial information sharing - include when financial settlements are part of mediation
3. Legal Advice: Parties' rights to seek independent legal advice - include when parties haven't yet obtained independent legal advice
1. Schedule 1: Mediator's Qualifications: Details of mediator's certifications and experience
2. Schedule 2: Fee Schedule: Detailed breakdown of mediation costs and payment terms
3. Appendix A: Mediation Rules: Detailed procedures and ground rules for mediation
4. Appendix B: Financial Disclosure Form: Template for financial information disclosure
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