Mediation is one of the most effective ways of preventing, managing and resolving conflict. In a family law context, it’s about managing separation and its consequences amicably. Specifically the aim is to avoid lengthy and expensive court proceedings. Mediation is a cost effective process within which I as your mediator, will provide you both with with unbiased legal information and assist communication enabling you both to explore possible solutions. By you both working together with me, you will be able to make mutually acceptable decisions about the future, therefore minimising conflict.
At the end of the mediation I will supply a Memorandum of Understanding. This document is legally privileged and cannot be referred to within any subsequent court proceedings. It is not legally binding and therefore needs to be taken to lawyers who will be able to transform it into a legally binding contract/court order.
With the exception of the initial MIAMS meeting, each mediation session lasts for 90 minutes. The structure is flexible so meetings can be arranged at intervals to suit you both.
The reasons for a relationship breakdown are often sensitive and highly personal. Mediation sessions are confidential with the exception of any safeguarding issues that arise and factual financial information which is provided and shared within the process. With these exceptions, all the conversations that take place in mediation are confidential and cannot be relied on in any subsequent court proceedings.
The mediator will act as an impartial third party. Unlike a friend or relative who may find it hard not to express an opinion, the mediator can remain objective and unemotional. By encouraging constructive communication and an understanding of the other person’s point of view, a spirit of co-operation is created. The mediator will ensure each person has sufficient information and understanding to make agreements designed to survive the test of time.
... and therefore requires the consent of both of you before it can take place. Once consent has been given, you will both meet together with the mediator. By using a process of effective communication, the mediator will help to identify the issues before exploring ways of resolving these and enabling you both to make mutually acceptable decisions about the future.
Decisions are made taking into account the needs of both of you and also those of your children. Either of you and mediator can withdraw if negotiations take place in bad faith or if mediation becomes unsuitable for another reason.