Mediation Overview
Mediation is a structured process through which parties in a wide variety of disputes attempt to find their own solution with the help of a trained mediator. Mediation is usually substantially cheaper and quicker than litigation. It is flexible and informal. The aim of mediation is to assist parties in reaching a fair and sensible resolution without the costs and stresses of contested court proceedings.
Mediation is not a form of counselling. The objective of Mediation is to help you come to decisions on issues such as child care and financial arrangements. The role of the mediator is not to impose decisions on you, but to act as a neutral facilitator in your negotiations process.
It is compulsory for the majority of couples seeking a Divorce or separation to attend a mediation assessment meeting, the aim of which is to ascertain whether mediation (or for that matter any of the other options, such as Collaborative Law) is appropriate in your circumstances.
Meetings with the mediator usually take place with both of you in the same room, on neutral ground. However, in post pandemic world these meeting are now frequently conducted by remote means Zoom, Teams etc. In some cases, it may be more appropriate for mediation to take place with the couple in separate (if necessary virtual) rooms. Everything discussed with the mediator is confidential.
You and your mediator sit down together and try to work out a Memorandum of Understanding which covers all the issues such as what will happen to the family home, where the children will live, how they spend time with each parent, and a financial settlement. Lines of communication are established and you take control over decision-making, over your own lives and your children’s future. You will be encouraged to focus on your futures and to look forward to developing new and separate lives. The aim is to reach decisions in a constructive, dignified and non-adversarial way.
The first step....You must both agree to give mediation a try. You do not have to be on the best of terms with your partner for this process to work, but you do at least need to be able to communicate. You must both be prepared to disclose your financial situation fully and frankly, and you must be committed to resolving issues constructively and be prepared to compromise.
Hybrid Mediation
In this model of mediation separating couple attempt to reach an agreement in a legally supported environment, your Lawer will be with you during the mediation to provide advice and guidance when needed. With this model both the separating couple and their lawyers sign the Mediation agreement.
