Introduction to Mediation:

Mediation is a structured, interactive process where an impartial third party neutrally assists disputing parties in resolving conflict through the use of specialized communication and negotiation techniques. All participants in mediation are encouraged to actively participate in the process. Mediation is a "party-centered" process in that it is focused primarily upon the needs, rights, and interests of the parties. The mediator uses a wide variety of techniques to guide the process in a constructive direction and to help the parties find their optimal solution. A mediator is facilitative in that they manage the interaction between parties and facilitates open communication. Mediation is also evaluative in that the mediator analyzes issues and relevant norms ("reality-testing"), while refraining from providing prescriptive advice to the parties (e.g., "You should do...").

Benifits of Meditation

Cost

While a mediator may charge a fee comparable to that of an attorney, the mediation process generally takes much less time than moving a case through standard legal channels. While a case in the hands of a lawyer or a court may take months or years to resolve, mediation usually achieves a resolution in a matter of hours. Taking less time means expending less money on hourly fees and costs.

Confidentiality

While court hearings are public, mediation remains strictly confidential. No one but the parties to the dispute and the mediator or mediators know what happened. Confidentiality in mediation has such importance that in most cases the legal system cannot force a mediator to testify in court as to the content or progress of mediation. Many mediators destroy their notes taken during a mediation once that mediation has finished. The only exceptions to such strict confidentiality usually involve child abuse or actual or threatened criminal acts.

Control

Mediation increases the control the parties have over the resolution. In a court case, the parties obtain a resolution, but control resides with the judge or jury. Often, a judge or jury cannot legally provide solutions that emerge in mediation. Thus, mediation is more likely to produce a result that is mutually agreeable for the parties.

Compliance

Because the result is attained by the parties working together and is mutually agreeable, compliance with the mediated agreement is usually high. This further reduces costs, because the parties do not have to employ an attorney to force compliance with the agreement. The mediated agreement is, however, fully enforceable in a court of law.

Mutuality

Parties to a mediation are typically ready to work mutually toward a resolution. In most circumstances the mere fact that parties are willing to mediate means that they are ready to "move" their position. The parties thus are more amenable to understanding the other party's side and work on underlying issues to the dispute. This has the added benefit of often preserving the relationship the parties had before the dispute. Parties as a part of the mediation are encouraged to negotiate on the basis of interests rather than positions that they hold. The object of this is to have deeper conversations which can give rise to a wider ambit of solutions considering more than just the items up for discussion in the session. Some mediators are also of the opinion that it is their responsibility to bring the parties to think this way, commonly called interest-based negotiation.

Flexible

I’ve already mentioned that the timing of mediation is set to suit your needs. The agenda is set on what you need to talk about as a family. The way mediation sessions is also flexible. We may sometimes use shuttle mediation, where the mediator moves between you and you do not meet your ex-partner. A lot of mediation is currently being run online by video calls. If it is right to do so, other family members may be invited to take part in the mediation. We may involve other professionals. There may be two mediators working with you. As long as the central rules for mediation are followed the rest of the process can be adapted to suit your needs.

Communication!

You may feel that I am cheating to include communication twice but it is so central to what mediation that it needs to be mentioned more than once. If you can improve the way you communicate with your ex-partner then you are a long way forward in dealing with future disagreements which may arise. Who wouldn’t want to try mediation with so many benefits to it? It can feel hard to open the door and start the mediation process but start just by having an initial conversation with a mediator and see how it can help you. Our team of experts are highly experienced in family mediation, please contact us to discuss your individual circumstances.

Hybrid Mediation

Not only are there different ways in which mediation can be run, but there is also the option of hybrid mediation where your solicitors attend the mediation process with you. This can be extremely helpful where the assets are complex or where one party may feel they struggle to put their views across to their ex-partner.

Meeting with the children – Child Inclusive Mediation

For children whose parents are separating there are often not many people having conversations with both Mum and Dad. Giving the children the opportunity to speak to someone about what life is like for them now their parents are separating is so important. The children have the opportunity to speak to someone who is impartial and is not taking sides during Child Inclusive Mediation.

Work with other professionals

This is such an important part of mediation. Mediators don’t know everything but will have a good source of professional contacts to refer you to. It may help you to meet with a financial adviser, a family consultant or a pension expert. By working with a variety of professionals you will often find you reach an agreement more swiftly.