What is Mediation?

Mediation is a form of dispute resolution which is very much future focused. It is a process which allows separating parties to discuss issues arising on the breakdown of their relationship with a view to reducing conflict between them and hopefully ultimately enabling them to find a way to deal with the breakdown.

Mediation is not trying to get separating couples back together its aim is to enable parties to move on in a dignified manner.

How does mediation work?

Mediation is basically structured meetings facilitated by a mediator. The mediator is a neutral third party whose role is to aid and facilitate the discussions. Mediators are specifically trained can have a legal background or a therapeutic one. They are not allowed to give advice to the parties but can give information to both parties during the court of a meeting

The mediation process can take as many or as few meetings as the parties feel they need. Generally each meeting is about 90 minutes. The process is very much focused on the parties and their specific needs. Unlike Court proceedings you are not forced to fit your situation in to constraints of what a court requires. This means that the discussions can be much wider.

At the end of each meeting a summery of the discussions and what the next steps will be is drawn up by the mediator and circulated to the parties

What happens at the end of mediation?

When the parties have reached a conclusion to the mediation process – either by reaching agreements or reaching a stage where they no longer feel they can use the service, a memorandum of understanding can be drawn up setting out what has been discussion, the information discussed between the parties and the agreements reached . The parties will then sign the summary by way of agreeing the same.

Is mediation confidential?

Generally what goes on during a mediation session is privileged (secret) and can not be disclosed to third parties. However if agreements are reached between he parties whilst the process as to how those agreements have been reached may not be disclosed the terms of that agreement may be disclosed to the parties solicitors to draw up any relevant orders/

Do I still need a Solicitor?

Generally yes. As a mediator can to give either party advice during the process they will often refer parties to see independent solicitors to advise about proposals within the mediation process. Because generally a mediator agreement is not enforceable it will be necessary for those solicitors to draw up any relevant Court orders.

Are mediated agreements binding?

This depends on what areas are being discussed. In matters relating to children the mediated agreement is generally considered to be binding on both parties. Financial agreements are only enforceable with a court order so a mediated agreement will need to be incorporated into a Court order.

How does mediation fit into the Court process?

Mediation can run along side certain court proceedings such as divorce. Because the parties are attempting to reach agreement it is unusual for other proceedings to have been issued although it is possible to stay court proceedings to allow parties to be referred to mediation.

What are the advantages of Mediation?

Mediation allows the parties to keep control of the process. They can deal with what issues they feel are important to them without having to “shoehorn” their specific circumstances into a court process. It often allows parties to redefine their relationship and allowing them both to move on. This can be particularly useful where there are children, even if the arrangements for the children are not being discussed, as it allows the parents to not only demonstrate to their children that it is possible to resolve disputes without resort to courts but also hopefully allows the parents to work together for the future.

What are the disadvantages of mediation?

Mediation is emotionally very challenging as you have to be able to deal with your former partner face to face rather than from behind a lawyer.
It does not bring total closure as mediated agreements are not generally legally enforceable or will require solicitors to be involved separately.