An agreement negotiated through mediation is a constructive approach to resolving disputes. It is likely to have a better impact on the family unit than reliance on court-imposed orders. Children benefit from cooperation between parents and relatives; financial arrangements can be effectively and more cheaply arranged by mediation, which is far more cost-effective than legal proceedings.
We can arrange assessment meetings for parties in dispute; at a preliminary meeting, they can be seen separately or together.
At this stage, we will discuss any issues of concern. She can provide information about the mediation process and obtain relevant information from the parties. The parties can then decide whether mediation is the best way forward in the particular circumstances of their case.
Mediation can lead to improved communication between parties and better-focused attention to the needs of children.
Should financial matters need resolution, there must be an exchange of full and frank financial information. This information is provided openly; however, any proposals for settlement during the course of mediation are not legally binding. This means that genuine attempts to settle can be made without any underlying threat of prejudice in later court proceedings, which would only be needed if mediation fails to produce an agreement. Confidential advice can be sought by each party from lawyers at any time during the mediation process; each party will also be encouraged to seek legal advice in drafting any proposals for conversion into a legally binding agreement.
Is mediation compulsory?
No, mediation is a voluntary process.
However, before any legal proceedings can start, the court will expect (save in very exceptional cases) that each of the parties will have met a mediator in order to investigate alternative ways of resolving differences, whether in relation to children or financial matters.
A party who has not attended a meeting with a mediator may face a cost penalty and/or be referred by the court to mediation. Accordingly, it is wise to meet a mediator sooner rather than later.
A mediator is impartial; the mediator’s aim is to help and support parties in improving communication during the legal process and afterwards. Mediation usually helps to reduce family animosity or conflict.
Mediation can play an important role in helping families cope with separation and conflict. More and more often, families find that mediation provides a sure basis upon which to make progress.
