• What is Mediation?
• The features and benefits of Mediation
• Is Mediation right for you?
• The Mediation service we offer
• Our Mediator

To help you decide whether Mediation (or one of the other approaches we offer) is right for you, read this section and then contact our mediator for a free 30 minute assessment. The mediator will:

• Check your understanding of Mediation and provide you with more information about the Mediation process
• Discuss your completed communication questionnaire and preliminary information form and whether Mediation is the best process for you
• Provide you with a costs estimate

To book an assessment, quote “mediation actweb”. You must bring to the assessment:

1. a utility bill/bank statement and
2. passport or driving licence
3. a completed preliminary information form
4. a completed communication questionnaire

What is mediation?

• The mediator assists you and your partner/spouse to reach a mutually acceptable solution to your issues and concerns, for example, in respect of your finances and/or child arrangements. This is done in a safe environment by helping you both generate and explore a range of options that meet yours and your children’s respective interests and needs.
• The mediator is neutral and impartial. Therefore, he is able to provide you with legal information, explanation and guidance without taking sides.
• He will identify when you are likely to need independent advice from your solicitor.
• Attendance is voluntary so you must both be willing to come into Mediation, and Mediation must be a suitable process from both your perspectives. You must both agree on any solutions, and if there is no agreement either of you can leave the Mediation process at any time.
• Discussions in Mediation are confidential, whereas financial information is open and available for you and your solicitors to see.

The mediator is not allowed to prepare the final financial order although he will confirm in writing for you and your solicitor any agreement you reach. You might like to compare the Mediation process with the collaborative process.

The features and benefits of mediation

• It provides clarity. The mediator helps you both to clarify areas of conflict, and to identify and help limit the areas of conflict to enable you to discuss matters productively.
• It is future focused. The mediator will help you, through the process of mutual negotiations, to identify the options available to you both for the future.
• It is anti-competitive. The process is designed to eliminate any competitive atmosphere. Since the process is mutual you cannot win at the other’s expense. Neither can you lose. You must both come out of it with a settlement acceptable to both of you and controlled by both of you.
• It empowers you. You both control the issues that need to be addressed and make the decisions that affect your own lives. You do not have decisions imposed on you.
• It is best for your children. Mediation places children at the centre of the process and encourages you both to support each other in your parenting roles so that you can together support your children through these difficult times, even though your relationship as partners has come to an end.
• It is cheaper. If agreement can be reached in Mediation it is likely to be a cheaper process than litigation and/or negotiation through solicitors.

Is mediation right for you?

Family law issues are often sensitive and personal. No single approach is right for everyone. Many couples find Mediation a welcome alternative to the often destructive, uncomfortable aspects of the court process.

If these points are important to you and your partner/spouse, Mediation is likely to be worth considering:

• You want to maintain respect, even when you disagree.
• You want to prioritise the needs of your children.
• Your needs and those of you spouse/partner require equal consideration, and you will both listen objectively.
• Any solution should meet as many of your respective interests as possible.
• Your interests could be traded to achieve a satisfactory outcome
• You believe that working creatively and cooperatively solves issues.
• There is often more than one acceptable solution to a problem.
• It is important to reach beyond today's frustration and pain to plan for the future.
• You are able to behave ethically and in a dignified way towards your spouse/partner.
• You wish to avoid the damage and division that litigation can cause.
• The preservation of relationships, such as with your children and/or members of you partner’s/spouse’s family, is important
• You wish to retain control over the process and outcomes, and not delegate to the courts
• You wish to retain a degree of control over the speed of the process and amount of costs.
• You find communicating with your partner/spouse difficult and need help
• You want a safe and confidential environment within which to explore your needs and interests
• You may need financial and legal information, explanation and guidance

If all this sounds and feels right for you, you and your partner should find out more from our Mediator. Please ask for our brochure and guidance notes on Mediation.

The mediation service we offer

A particular feature of the service we offer compared with some other Mediation services is that we understand in detail the full range of conflict resolution options and can carefully advise you on, and tailor, the right process (or indeed combination of processes) for you and your particular needs. This is because our mediator is also an experienced practicing family lawyer, specialist in collaborative practice, and litigator. Our mediator tailors his Mediation service to suit your particular needs and is able to work closely with you and your legal team. He knows what they will want from you.

Options include:

With or without lawyers present - Although it is not the most common scenario, you may find it helpful and reassuring for your lawyers to attend Mediation with you especially if it involves complex financial matters or where you and your partner/spouse may have reached an impasse while negotiating through your lawyers.

Working with experts - Where it is appropriate and saves costs we can work with you and your chosen experts in Mediation such as the property valuer, accountant, or financial adviser.

Whether there are court proceedings or not – Taking a break in court proceedings to mediate a difficult issue can often leave the way open for settlement without the need for further court proceedings and additional costs.

Within the collaborative process – As a Mediation practice we are able to work with you and your lawyers within the collaborative process if, for example there has been a break- down in communication within that process over one or more issues.

Our mediator

John believes in helping clients resolve matters without litigation whenever possible. He has spent many years mediating complex financial cases involving a variety of businesses, investments, trusts and pensions, and cases involving complex child arrangements.

He is on the Resolution Specialist family mediation panel and is accredited by the Legal Services Commission. He is currently involved in training other lawyers to become mediators, and a trainer with Resolution. John is the current Chairman of Resolution, Devon.

As well as being a mediator, John is also an experienced Collaborative lawyer with many successful collaborative cases to his name.

Chambers Directory to the UK Legal Profession recognises John as one of only a handful of family lawyers in the South West of England specialising in Mediation and collaborative practice.

Testimonials

John was incredibly easy to work with, and kept me informed at all stages of what was happening. His advice was invaluable, and I am indebted to him for that. The overall service certainly represents good value for money!

- Client

I would like to thank you personally, and on behalf of my client, for your proactive and approachable style that has, once again, saved time, costs and emotions. Your Mediation summaries have been concise and clear which has enabled my client to understand and be involved throughout the settlement process.

- Solicitor