Mediation

What is Mediation?

Mediation is one of a number of options for resolving disputes over money or children between separating couples, which avoids going to Court.  The mediator is an impartial, experienced family lawyer who will help the parties explore the possibilities for resolving any conflict and will facilitate negotiations.  If an agreement is reached through mediation, the mediator will prepare a document called a Memorandum of Understanding which reflects the terms of settlement agreed.

What are the Benefits?

• You can create tailor made solutions which suit you and your family.  These are often better than Court imposed Orders which are more rigid and may not be what either of you wants.
• You do not lose control of the process.  Many people feel disempowered once Court proceedings have started. 
• Mediation is informal and flexible within a formal process. The mediator controls the process but the parties retain control of the decision making.
• Mediation is child focused with priority given to your children’s needs.
• The process is entirely confidential.  What is said in mediation cannot be used later in Court if mediation breaks down and Court proceedings are issued.
• Generally, issues are dealt with in face-to-face discussions around a table with a mediator.  Although this can be uncomfortable, it leads to better communication in the long term.
• You are more likely to be committed to arrangements which you have worked out together through mediation rather than those imposed upon you by the Court.
• Mediation tends to focus on future arrangements, rather than dwelling on past disputes.
• It encourages cooperation and agreement and helps to settle differences.
• It is generally far quicker than the Court process.  Most mediated agreements are reached within 3-5 sessions over a 2-3 month period.  Court proceedings can take many months and can be an inflexible process.
• It is generally cheaper than the Court route and other options.

What it is not:

• A forum for bullying or intimation by one party.  An experienced mediator will ensure a safe environment and seek to redress any power imbalances.  Mediation will be brought to an end if one party becomes abusive or overbearing.
• A replacement for legal advice.  The mediator cannot give legal advice to either party, but can give legal information and ensure that any proposed settlement is likely to be sanctioned by the Court. 
• Couples’ counselling.  It is not the mediator’s role to encourage reconciliation although if that is a possibility, the couple can be referred for counselling and the mediation suspended or brought to an end.
• Arbitration.  The mediator has no power to decide the terms of a settlement.
• A way of avoiding disclosing assets.  Both parties must make a full and frank disclosure through mediation.  The mediator will identify areas which require further clarification and ensure that both parties are confident they have received a full and clear account of the other’s finances.
• A compulsory process.  Mediation is voluntary and if either party decides that the process is not for them, they can leave at any time.

Types of mediation

• Most mediation sessions involve face to face meetings as the aim is to encourage and improve direct communication.  Sometimes, however, in situations where there is abusive behaviour, it may be appropriate for the mediator to work with each party in separate rooms (known as shuttle mediation).
• Mediators can work with other professionals such as psychotherapists as co-mediators, if appropriate. These skills are complimentary and co-mediation can be particularly useful in high conflict disputes.
• Even if Court proceedings are ongoing, it is not too late to attempt to explore options for settlement through mediation as a way of avoiding a contested Court battle.
• Sometimes it can be appropriate for parties to bring their solicitors into mediation, particularly where there is a complex dispute or a difference of legal opinion.
• Direct consultation with children.  Sometimes, it can be helpful for a mediator to meet with children in order to establish their views and wishes.

MIAMS

Under the Family Procedure Rules which came into force in April 2011, before any Court applications concerning financial matters or children disputes can be issued, the Applicant must attend a Mediation and Information Assessment Meeting (MIAM).  The mediator will provide information about mediation and how it may assist the resolution of any disputes between a couple. A MIAM meeting can take place between the mediator with one or both parties present.

Mediation at Ellis Jones

Both Deborah Leask and Sean McNally are experienced collaborative family lawyers who are also qualified mediators. With their dual qualification and experience, they are able to provide client with access to all options (collaborative law, mediation or the Court route) for resolving issues arising from family breakdown.

Contact us now on 01202 525333 or e-mail familylaw@ellisjones.co.uk