Mediation
What is mediation?
- Mediation 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, they are able to provide you with legal information, explanation and guidance without taking sides.
- They will identify when you are likely to need independent advice from your solicitor.
- Attendance is voluntary so you must both be willing to go 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, whilst 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 these 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. Mediation 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. Mediation 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 can be cheaper. If agreement can be reached in Mediation it may 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. Please ask us for further information.
Mediation options
We have close links with with a number of mediation services
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 Mediators can work with you and your chosen experts 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 leave the way open for settlement without the need for further court proceedings and additional costs.
Within the collaborative process - We are able to work with you within the collaborative process and involve a mediator if appropriate.