Mediation is a form of dispute resolution. Family mediation is generally the quickest and cheapest way of resolving disputes without going to court. In mediation, the parties, rather than a judge, decide the outcome. An impartial third party, known as the Mediator, helps and guides both parties to reach a tailor-made solution, which meets their own needs and those of their children.
Mediation is a quicker, cost effective and less stressful process than the traditional solicitor negotiations and court proceedings. It can also help to reduce stress and anxiety and build a more positive relationship to help families with children move forward.
Family mediation is suitable for dealing with most disputes which arise from the breakdown of a family relationship. The most common issues concern children and financial matters. We have mediated between siblings and disputes regarding inheritance issues too.
You usually attend sessions together, during which a qualified Mediator provides you with information to try to help resolve arrangements as amicably and satisfactorily as possible. The discussions are confidential.
Sometimes, shuttle mediation needs to be deployed. This is where the parties are in separate rooms so they cannot hear or see each other. The Mediator will pass between the parties relaying information. Shuttle is not commonplace as it can lead to double the number of mediations required and twice the costs. However, it can be useful where emotions are running extremely high or where one person feels they cannot properly articulate their views in the presence of the other person.
One of the many benefits of mediation is the fact the court is not involved in the decision-making process, although it does still approve financial settlements where married couples are involved. You can still control what happens next. The Mediator will guide you through the options, share information but will not give you legal advice. You can get legal advice from your solicitor in between mediation sessions.
The environment in which mediation is undertaken means that couples are more likely to have an honest and frank discussion about what motivates them and the kind of arrangement they are hoping to achieve.
If there are children, they can often feel as though they are caught in the middle of the adults. They can feel frightened, confused and lonely. Their voice may go unheard. At Bespoke Mediation Service, we are qualified to speak to children in mediation so they can have the opportunity of expressing their thoughts and feelings.
Mediation is not a form of reconciliation. Mediators work on the basis that the relationship has broken down and will try and help both parties find a way forward. Mediators can also signpost you if you want to reconcile or need assistance coping with your situation.
With some exceptions (such as in cases of recent domestic abuse), anyone wanting to apply to the court to resolve family issues concerning children or finances must first attend a Mediation Information and Assessment Meeting, commonly known as a MIAM. During the MIAM the Mediator will explain what mediation can offer and the other options available to resolve your dispute.
For many people, mediation is a far less painful, far less expensive and far more productive option than taking a dispute to court.
Whether you need a MIAM or you are already determined to pursue the benefits of mediation, Bespoke Mediation Service can help you.