RESOLVING DISPUTES

What is mediation and how does it work?

Family mediation is a way of resolving disputes which arise before, during or after separation or divorce.

It is a voluntary and confidential process which gives the parties a chance to discuss their issues, hopes, concerns and needs to each other in the presence of a qualified family mediator.

Family mediation provides a safe environment, helping to reduce hostility and improve the chances of long term positive communication.

The mediator will help you to explore options. The mediator will assist you in checking how practical your proposals really are, guiding you to reach acceptable and workable solutions. However, the outcome you reach is entirely under your control.

The family mediator does not advise people what to do, give them legal advice or provide counselling.

In some mediation cases the mediator may also consult directly with the children.

FAMILY MEDIATION PROCESS

The family mediation process involves the couple working together with the mediator. Anyone wishing to start court proceedings must have the certificate in their application form completed by a mediator confirming that they have attended a MIAM.

There are three stages:

Stage 1

MIAM: This is for us to explain the process of mediation and other non-court dispute resolution (NCDR) options to you, for you to provide us with background information, ask any questions and for us to assess whether the case is suitable for mediation. You attend this meting alone and it is confidential.

Stage 2

Mediation Sessions – The first session you will come together and you will discuss the issues you wish to mediate. The areas of mediation can be child contact, financial matters and property. These sessions are usually 1 hour and 30 minutes long.

Stage 3

End of Mediation – at the end of the mediation process you will be given a document setting out your proposals and a copy of your financial disclosure (if appropriate). You may then take these to a solicitor to put the proposals into a legal and binding format such as a Consent Order. You can always have the option to return to mediation at any time in the future.