Q & A: Family Mediation Service
Q: What is the difference between accepting and refusing Family Mediation Service?
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Family Mediation Service may assist both parties to reach agreement on post-divorce arrangements relating to child care, living expenses, maintenance, properties, etc. Family mediation services have the following advantages:- |
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- tremendous decrease in suffering to both parties caused by the stress and length of time of the litigation process;
- savings in litigation costs;
- the mediator will take into consideration the welfare of the children and of both parties in assisting both parties to find the most appropriate solutions;
- increase both parties' willingness to abide by the agreement reached;
- decrease the harm caused to children and the parties;
- facilitate both parties to parent their children in a cooperative manner.
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Q: When I use Family Mediation Service, do I need to simultaneously employ a lawyer?
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We encourage clients to seek legal advice when handling their divorce in order to protect their interests. But the divorce process can be handled by self or with lawyers' assistance. |
Q: When should Family Mediation Service begin?
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Family Mediation Service can be undertaken before or during divorce proceedings; and no legal process is required to be suspended. |
Q: In the Family Mediation process, may I raise the issue of receiving maintenance payment while the divorce proceedings are still taking place?
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Yes. Both sides may agree on, and implement, maintenance payments during the divorce application process. |
Q: The other side and I cannot communicate with each other, may I unilaterally accept using Family Mediation Service?
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We require that both sides agree to separate / divorce and to appear together in mediation sessions in the provision of our Family Mediation Service. You must inform the other party that you intend to separate / divorce and that you have contacted us (you may provide to the other side service information such as our pamphlets or our Mediation Centre website www.mediationcentrehk.org). If the other side does not object to our contacting them, we will invite them to accept this service. In this way, because the other side is psychologically prepared, he/she may be more willing to accept Family Mediation Service. |
Q: Will clients or the family mediator make public or disclose to the courts any contents relating to the mediation?
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When the parties accept using Family Mediation Service, the family mediator and both parties will sign an agreement undertaking to maintain confidentiality of the mediation process. According to confidentiality and principle of "without prejudice", the contents revealed in the mediation process cannot be used as evidence in court and thus the legal rights of both parties are equally protected. |
Q: Does the agreement reached in mediation have legally binding effect?
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Once the agreement is signed, it is legally binding. If the parties agree, they can: |
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submit the signed agreement together with the divorce application papers to the family court; and apply to the court to make court orders according to the signed agreement without employing lawyers; or |
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give the signed agreement to lawyers who will apply for the court orders for you in the divorce process.
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