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Family Mediation.
What is the point of Family Mediation?
The objective of Family Mediation is to provide a less confrontational approach to separation than the traditional Legal Model, helping parents communicate to find a solution, at a time that can be exceptionally stressful to all parties.
Family Mediation covers three main areas
- Children
- Finance
- Property
So how will it work?
You will, as a couple, negotiate the arrangements for your future apart, this will be assisted by a qualified mediator, all your negotiations will take place at an agreed location and over a time scale that works for you both.
As both parties are part of the debate often the Mediation pathway gives you time to appreciate your requirements as well as the other parties involved, and because all aspects of the separation are looked at together you can often take away a better understanding.
The Family Mediation process is available for partners co-habiting but not married, in a civil partnership as well as married couples.
Guide lines to Mediation.
The mediation process is a voluntary one, which all parties should consider. Most courts will expect you to have considered mediation before proceeding through the courts, however, mediators will make an assessment to see if mediation is viable based on the relationship of the parties involved for example - if one is dominant over the other or if there are any safety issues.
Mediators are not in the discussions to give advice or express an opinion; they are there to facilitate the discussions and to provide information and guidance to ensure the discussions continue in a productive manor and in the right direction.
All the discussions during the mediation process will be confidential unless they involve criminal activity, the discussions are not binding until a solicitor, or the court, have made them binding, the only other details that will be disclosed are your financial information.
The advantage a lot of people feel mediation has over the traditional legal method, is that you are the decision makers, you will decide on your children, your finances and property.
Dispelling the miss conceptions.
- No decisions are imposed on you - you make decisions, yourself, by agreement
- The end of the mediation process is not legally binding, a solicitor normally draws up agreements into a legally binding format.
- Mediation is not an area to express your views; it is a two way street you will be able to air your views as will your partner, before any agreements are reached.
- Mediation is not a replacement for legal advice, the mediation process can complement the legal process but both parties are advised to take legal advice.
- Mediation is not marriage guidance, however a mediator will help guide you to those that can help.
- A mediator is not a counsellor but once again will give you guidance.
Funding for mediation
Family mediation can be publicly funded for those eligible or privately funded, be aware that not all mediators accept public funding.
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