Mediation

What We Do

Mediation offers an impartial, non-confrontational, private, relatively quick and cost-effective way of approaching a wide range of issues, including separation and divorce. Family relationship breakdowns, Intergenerational disputes, Inheritance disputes and Business disputes. All mediation is voluntary, but the courts now usually ask parties who take their problems to court to show that they have at least considered mediation.

Mediation is aimed at building a workable system of communication between two parties that helps them agree on how to move forward with fundamental issues in their lives – issues concerning children, finances and property amongst other related issues.

Inheritance mediation is often difficult for all parties concerned as in addition to dealing with grief and loss people are sometimes unhappy with the way things have been handled. its not uncommon for family members to experience conflict and loose contact during these times. Our mediation sessions aim on focussing on avoiding this outcome and finding agreeable and practical solutions.

Family Mediation sessions are designed to explore the separating couple, extended families, grandparent's, children's needs and options, focusing on the interests of the children. The way in which the sessions are organised will vary a little, depending not only on whether the mediation is limited to children issue or includes financial issues, but also on the level of conflict and emotion involved.

Mediation gives the two parties a neutral environment to facilitate the opportunity resolve their differences at their own pace with the help of an impartial mediator and is an alternative to the more traditional legal approach of instructing lawyers or going to court.

It gives people the opportunity to speak directly to each other and explain their concerns and needs in the presence of a professional and impartial mediator. alternatively for those parties who feel that would rather not meet in person we offer shuttle mediation meaning that the mediator moves between parties working to find suitable options and solutions.

Family Mediation is increasingly popular with couples who have decided that their relationship is over, but who would prefer, if possible, to work together to sort out what should happen now, rather than being told what to do by the courts or experiencing ongoing conflict every step of the way through lawyers.

Principles of Mediation

Mediation has 4 principles:

It is voluntary – courts expect families to attempt mediation before litigation begins but no-one can be forced to mediate.
It is a confidential process (with two very limited exceptions*) and proposals put forward in mediation cannot be referred to in legal proceedings.
The mediator is impartial – mediators offer a non biased approach. They do not give legal advice but give the parties the information necessary to make wise decisions
The clients ultimately make their own decisions – mediators are merely there to help facilitate effective communication between couples so they can reach agreements that make the most sense given their unique circumstances. Any agreement only becomes legally binding once it has been made into a Consent Order by solicitors and stamped by the court.

*There are two exceptions to confidentiality in mediation : One involves a financial disclosure, where the courts are able to call on financial information provided during mediation and use it to form a judgment. The other is where a mediator is concerned that someone is at risk of serious harm and therefore has a duty to report it to the appropriate safeguarding agency.

Starting Mediation

Once you have made contact with us, we will invite each client separately to an intake meeting via Zoom. This meeting gives you the opportunity to explain your situation in full and to find out more about the mediation process. You will be able to ask any questions and discuss whether mediation is appropriate for you and, if not, what other options might be available.

After both initial meetings, If everyone concerned wants to continue, we will ask you to sign an Agreement to Mediate at the first session. Every session thereafter usually involves both parties.

If the mediation is successful and, by working together, you manage to identify a solution that may work for both of you, we will prepare a Summary of Proposals or if required a Parenting Plan, explaining what the two of you want to happen next. Neither the Summary of Proposals nor the Parenting Plan is a legally binding document, but this can then be taken to your respective solicitors, who will give legal advice as to whether the proposals are likely to be seen as fair and reasonable by the courts, and, if appropriate, draw up a legally binding agreement for you to sign.

Of course not everyone is able to reach an agreement on every issue, and some parties do not ask the mediators to draw up a Summary of Proposals, even if they have worked out some new arrangements together during the mediation. Either of you may decide to withdraw from the mediation at any time, as can the mediators. Those who do not reach a final agreement often leave mediation commenting that the process has been useful in clarifying, or even better in reducing, the issues in dispute.