Mediation: Q & A What IS mediation ?
Family Mediation is a way of resolving disputes including those which arise, before, during or after separation or divorce.
Mediation is a voluntary and confidential process enabling parties to explain their concerns and needs to each other in the presence of a qualified family mediator. Family mediation provides the parties with the opportunity to communicate directly with each other rather than via solicitors or across a courtroom.
Who can use mediation?
Mediation is open for anybody to access at any stage. Some situations may not be appropriate for mediation, for example, where there is severe domestic violence or a significant power imbalance between the parties.
What can mediation be used for?
Mediation can be used to help make decisions about any issue including: arrangements for children; financial arrangements; dividing up property; and other practical issues to do with separation or divorce.
What if one party is violent?
Mediators must make sure that mediation discussions are fair, and that every participant feels safe. Mediators will check with each party to see whether there is a problem of violence or abuse. In such circumstances it is likely that the mediation process is unsuitable and the mediator will probably suggest a solicitor should be contacted especially if a court protection order is required.
Is a solicitor required?
No. Mediators can help parties reach agreement without legal help and give general information about the law and how the legal system works. They do not give advice about specific legal rights or the best course of action for each party. So a party may need to get their own legal advice from a solicitor, both during mediation or at the end of it, to make sure the agreements reached are suitable for them. If the parties wish to draw up a statement setting out their mediated agreement in order to put it before a court for it to consider making an enforceable court order, they may do so themselves or instruct a solicitor.
Is mediation different from counselling?
Yes. Mediation is about the practical and legal arrangements parties make after the end of a relationship. Counselling is about saving relationships.
What happens in mediation?
Mediation takes place in a private and informal setting. The mediator (who will not tell the parties what to do and is impartial), is there to help each party: listen to what the other has to say; understand the other’s needs and concerns; and facilitates a discussion to try to find a solution.
How long does mediation take?
Mediation usually lasts for between two and five sessions, each of about an hour and a half. However, the time it takes depends on how complicated the issues are.
Is mediation confidential?
What is said in mediation is normally confidential and the mediator will not pass on anything to anyone else unless both parties agree. However, there are two situations where information could be passed on for example: where someone has been seriously hurt or is at risk of being hurt the mediator should make sure that the police or social services are told; and If something is said in mediation that leads the mediator to believe someone is benefiting or has benefited from the proceeds of a crime, the mediator might have to stop the mediation or report this to the police.
How much does mediation cost?
Mediation is free if a client is eligible for public funding. If not, there is no standard fee for mediation. Different mediation practices charge different rates, usually by the hour.
More information: http://www.direct.gov.uk/en/Parents/FamilyIssuesAndTheLaw/DG_10029776
