What is Mediation?​​
​
Mediation is an efficient and cost effective way to resolve disputes.
It is a voluntary and confidential process used to find realistic and practical solutions for all types of issues.
The process of mediation can help people make decisions following separation, including around parenting, property, financial and other relationship matters. Mediation in the context of family law is specialised and is commonly known as family mediation or family dispute resolution (FDR).
​
The breakup of any relationship is painful and difficult, especially if children are involved. Family mediation offers a balanced, non confrontational approach to resolving a wide range of issues in the presence of an impartial family mediator.
​
Separating couples attend mediation to find mutually agreeable solutions for their children, the house and finances. ​
​
It is a constructive and empowering process that can help families make agreements by facilitating communication, promoting cooperation, focusing on interests and needs, encouraging compromise and flexibility, empowering decision-making, and preserving relationships. helping families find a way to continue to move forward in a new way.
You can self-refer by completing a referral form.
On receipt we will make contact and invite each party to attend an individual Mediation Information & Assessment Meeting (MIAM) which lasts approximately 60 minutes. If, at their individual MIAMS, both parties are willing to try mediation and the mediator is satisfied that the matter is suitable for mediation, a first joint mediation meeting will be arranged.
We expect most of our clients to attend three to four mediation meetings. Some people attend more meetings and some attend fewer meetings. The aim for most people is to reach agreed proposals.
​​
Once a solution has been identified, we will prepare a Summary of Proposals that can be taken to your respective solicitors to be drawn up as a legally binding agreement for both parties to sign.
​​​​​​​​​​​​​​​​​​
​​Principals of Mediation
Mediation has four principles:​
​
-
Mediation 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 some important limitations*). Discussions 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.
-
Client decision makers – 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
*The exemptions to confidentiality in mediation are:
-
If there are concerns that an adult or child are at risk of serious harm the mediator has a duty of care to report it to the appropriate safeguarding agency.
-
Financial impropriety - under Government rules, mediators may be required to make disclosure to the appropriate government agency if they suspect there has been a crime.
-
Documents disclosing financial information during mediation are usually prepared on the basis that they can be used by either party on an ‘open’ basis, and can be used in evidence during a court case.