Mediation ? Who pays ?

[Helshubby]

We have looked after our niece since her mother died when she was 3yrs old (now 10yrs old) .My brother , her father , has remarried and after coming to see his daughter regularly for 1.5hrs every month has employed a solicitor because he decided he wanted to see her for longer - we have no real problem with this . His Solicitor has referred it to mediation . We are unlikely to qualify for legal aid but also did not request it - can we ask for my brother to pay for it ? We can't afford it and he requested it so surely he should pay ?

[nemesis45]

Re: Mediation ? Who pays ?

We have looked after our niece since her mother died when she was 3yrs old (now 10yrs old) .My brother , her father , has remarried and after coming to see his daughter regularly for 1.5hrs every month has employed a solicitor because he decided he wanted to see her for longer - we have no real problem with this . His Solicitor has referred it to mediation . We are unlikely to qualify for legal aid but also did not request it - can we ask for my brother to pay for it ? We can't afford it and he requested it so surely he should pay ?

The Claimant pays the cost of the consent order then adds it to the debt.
nem

[Helshubby]

Re: Mediation ? Who pays ?

Thanks nemesis but there is no "debt" and no Consent Order.
We have the Child Maintenance people on the case. My brother , we look after his daughter under a Residence Order , simply wants more contact - we will help with this. But he's got a solicitor involved , we don't think we need one. He has asked for mediation , not us but we're expected to pay ? Hardly fair ?

[judgemental24]

Re: Mediation ? Who pays ?

I would think the Mediation will be done through the Local Authority ( Social Services) at no cost to vary an existing residency order

The overriding objectives will always be the welfare of the child as to your brothers current domestic situation

You yourself have nothing to prove, your brother has

[Helshubby]

Re: Mediation ? Who pays ?

Thanks judgemental , I was thinking that

[stevemLS]

Re: Mediation ? Who pays ?

In the absence of anything to the contrary it is usual for costs of mediation to be shared between the parties.

[Helshubby]

Re: Mediation ? Who pays ?

So , even though we already agree that he can have more contact , my brother is going to get me to pay for something I neither feel we need or , in fact , asked for. The whole process feels like a money spinner for someone

[MissFM]

Re: Mediation ? Who pays ?

[QUOTE]

So , even though we already agree that he can have more contact , my brother is going to get me to pay for something I neither feel we need or , in fact , asked for. The whole process feels like a money spinner for someone[/QUOTE]

The solicitor?

If there's no dispute, or ill-feeling, and you would welcome your brother increasing contact with his daughter, where's the need for a solicitor or mediation? Or is there something else lurking behind this?

You could write to both, expressing your bafflement - perhaps remind the solicitor of the following code of conduct, which is approved by the Law Society to guide legal professionals practicing Family Law: http://www.resolution.org.uk/code/

Explain that you would of course happily participate in mediation if your brother for some reason finds it necessary and wants to spend his money thus but why not simply discuss the subject and work things out between you in the best interests of the child? After all you both have the same end (the welfare of your niece) at heart.

Hope things iron themselves out and go well for you all x

[Helshubby]

Re: Mediation ? Who pays ?

Thank you MissFM , I've written to his Solicitor and sent him a copy reminding them that we are looking after a 9yr old girl who they seem to have forgotten about . My little brother is so wrapped up in what he needs rather than what his daughter needs . Anyway , we've done our bit offering to discuss it openly , we'll just have to wait and see if common sense prevails............