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Consent order guidance

20 November 2019

Guidance for mediators in incorporating standard consent order precedents

About the guidance

The Law Society and Resolution have jointly produced new guidance on the preparation of draft proposals and terms following a successful outcome from mediation. It is relevant to all mediators regardless of profession of origin.

This is in response to discussions taking place over time regarding the position of mediators drafting consent orders. It provides practical recommendations to clarify how to go about drafting the standard orders into existing mediation documents.

The principles which underpin the preparation of more detailed written proposals are the same as for any other aspect of mediation:

  • that the mediator remains impartial
  • that the mediator does not give advice
  • the proposals are not binding
  • the mediator informs participants of the importance of taking independent legal advice

Background

This guidance has been jointly agreed between the Law Society and Resolution. Particular thanks and acknowledgements to the Law Society and Resolution Joint Working Group and especially to Caroline Bowden and David Hodson.

This guidance relates to the preparation by mediators of draft proposals and terms in respect of financial matters or marital agreements following resolution reached in mediation. It is relevant to all mediators regardless of profession of origin.

This guidance has been approved by the Family Mediation Council.

Download the guidance

Guidance for mediators in incorporating standard consent order precedents (PDF 653kb)

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