Morning!
Whatever is agreed between you both at mediation, will have to, by law, be run past both solicitors, it can then be amended. Your solicitor will advise you about the agreement, and whether it's best for you. This is then made into a legal binding document. So, worse case scenario - he wipes the floor with you at mediation, goes out thinking he's "gone one over" the solicitor will refute it, and refer you back to mediation, to get you a better deal. OR, the solicitor will take over, and get a better deal for you. So, no one can really get one over on anyone else in mediation. What it does is free up solicitors valuable time, and costs you less in costs. (My solicitor is nearly £200 an hour - the mediation I was quoted was £100 an hour).
My gripe with mediation, was that I would have to physically sit in the same room as Lycra man, and discuss stuff face to face with him. The thought made my stomach heave. So I did as I was advised to, by SHL, and did the initial session on my own. (Remember as petitioner you have a legal right to do the initial session on your own, then say it isn't working and bounce it all back to your solicitor).
So mediation is there for the legal profession, to free them up from all the financial stuff, and to move things along more quickly. However, if you are going to be disputing at mediation, then it doesn't really move stuff along at all. My SHL said that it's ok for amicable couples, who have already talked and agreed money/access stuff, and have perhaps been separated long term, so that they can bear to be in the same room.
She agreed that it would be a waste of time for me, and so did the mediator.
I know it costs more to do it all via a solicitor, but then the mental strain of facing an ex in mediation, and the worry of being "stitched up" (although as I explained, with a good lawyer in the background, this worry is groundless) costs a lot in an emotional sense.
Personally, I think you should do one session on your own, and bounce it back to your solicitor - he won't play ball, and he's stalling, and a mediator would see this. Then get your solicitor to try and get him to pay your court costs, citing his stalling as a reason. Also, at any point in mediation, you can stop the process, and refer it solicitors.
Good luck with the card - glad I helped a bit!!
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