Mediation

Mediation is a way of resolving disputes. The parties meet together with professionally trained and experienced mediators in a confidential and mutual environment. Areas of disagreement and the various possibilities to resolve them are fully discussed and parties are helped to negotiate future plans about their family. Mediation is voluntary.  If you are interested in mediating your dispute you should also read the information on Collaborative Law.

You make the decision, not the mediators or the Court. As parties to the mediation you retain control. Mediators are impartial and do not take sides.

Mediation is for parents, married or unmarried, before or after separation or divorce or parties to a divorce trying to resolve the financial implications. Also step-parents, grandparents, couples without children or children that are no longer living at home.

What matters can be mediated on?

• Children - where they should live, arrangements for contact and parental responsibility.
• All issues mediation which is property and finances.
• Any other practical matters regarding separation and children.

What if mediation breaks down?

Even if your case is suitable for mediation it may be that the mediation will breakdown before the process is completed. Mediation is likely to prove unsuitable and breakdown in situations where:-

• either party demonstrates a lack of commitment
• either party is unable to accept the situation or is unable to mediate
• either party is in fear of the other party.

If your case is assessed as unsuitable for mediation then the alternative course of action would be either to negotiate through Solicitors or commence court proceedings.

How does it work?

• The mediator will initially meet each parent individually to explain mediation and how it works, to check that neither feels physically threatened, to assess Legal Aid eligibility and for each party to explain how they see a situation.
• The first meetings can take place either together or separately. It is a matter for you and your partner to decide which type of meeting would be most appropriate for you. Where either party requests separate meetings the service should offer separate meetings to both clients.
• If there is an agreement that a joint mediation session is arranged both parties are encouraged to communicate about the issues they have brought to mediation to consider a way forward in a calm effective manner. In this way parties work towards an agreement acceptable to both.
• If Court proceedings have already commenced but both parties agree to mediate, the Court may adjourn to give parties the opportunity to mediate a solution.

RUGBY Lisa Warden Family Secretary Tel: (01788) 532926 Email: lisawarden@brethertons.co.uk	BANBURY Kate O’Brien Family Administrator Tel: (01295) 661 472 Email: kateobrien@brethertons.co.uk

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