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How are the terms of an agreement reached?It is not the Mediator’s role to impose an agreement upon you. Rather, the Mediator will work with you in identifying the available income and assets, and then assisting you in negotiating an agreement with which you are both content. That way, the agreement is yours, rather than one which the Court imposes on you, or one which one or the other of you may feel has been forced upon you by the other, or his/her Solicitor.As and when you have reached terms of settlement which are acceptable to you both, your Mediator draws up a Memorandum of Understanding, reflecting the agreements reached by you both, and the background financial information upon which these agreements are based. Each of you is then free to take that Memorandum to your respective Solicitors, so that the agreements reached between you can be converted into a legally binding agreement or Consent Order. If you wish to treat the Memorandum of Understanding as morally (rather than legally) binding upon yourselves, and do not wish to pursue matters further, you are free to do so. However, you need to bear in mind that the Memorandum of Understanding will not be a legally binding agreement, and each of you will be free to seek the advice of your independent Solicitors before the agreement, mutually reached, is converted into a legally binding agreement, if that is your wish. Along with the Memorandum
of Understanding, your Mediator will produce a summary of the financial
information disclosed by each of you, together with a summary of the rationale behind the decision(s) reached between
you — so that this can be made available to your respective Solicitors
(if you elect to consult them), or can be retained by you for your own
use.
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© SHG Mediation Services 2000 - 2002.
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