What Can I expect?
If you contact one of our Mediators, he or she will do their best to explain
exactly what you can expect if you come to Mediation. There is a lot you will
need to know, and our Mediators are trained in giving as much information as
they can about the process of mediation, and the way in which they will work to
assist you and your former partner to communicate together about arrangements
you would wish to make regarding your children, finance and property.
Does my former partner need to know?
Initially, any enquiry can be treated in confidence; however, if you wish to
come to mediation then your partner would need to agree to come too; mediation
is a voluntary process. Mediators work as impartial third persons and for this
reason, if you contact one of our mediators, they will be careful to ask you not
to give them too many details of how you see the situation, which might make it
difficult for you and your partner to feel that there is a balanced and neutral
view when you meet together with the mediators. Any information which comes to
the mediation will be treated as open between the two of you but confidential in
all other senses, excepting, of course, matters of harm to a child or other
adult.
What about my Solicitor?
Many solicitors refer couples to us for mediation, as they recognise the
value of couples being able to communicate together to make their own
arrangements for their future, separate lives and for the continued care of
their children. A Mediators always suggest that you discuss fully with your own
Solicitor any proposals you make, so that you can be confident that the
proposals you make together are fair and reasonable.
What sort of Meeting?
Mediation takes place at our offices. Both parties and the Mediator will be
present. It is the responsibility of the Mediator to ensure that meetings, or
sessions are structured in a way that provides an environment where you can both
feel able to discuss fully your issues and concerns confidentially and in a safe
and balanced way. Mediators are aware that imbalances of power between the
parties are very common and the aim of the Mediator is to reduce these
imbalances and the stress they cause, allowing each of you to speak freely and
fairly. It may often be the first time that both of you have met or indeed
spoken to each other for some time. Sessions usually last about 90 minutes and
you are free to bring whatever issues and concerns you have with regard to your
separation or divorce and the arrangements you would like to discuss.
What information do I have to Provide?
Once you have decided to come to mediation, our Mediator will send you a
referral form to complete and an "Agreement to mediate", which explains fully
the terms of the mediation process. The referral form needs to be returned to
the Mediator prior to the first meeting so that he or she can start to
understand a little of your situation and what are the issues for each of you.
The Agreement to mediate is signed at your first meeting, and the Mediator will
check carefully that you have fully understood everything - and of course - you
are free to raise any questions you have. If you would like to make decisions
about financial and property matters then a second, detailed form regarding your
finances and budgets will be given to you by the Mediator for completion, to
provide a comprehensive picture of your financial situation. The financial forms
are exchanged between all three parties to the mediation, you, your former
partner and the Mediator. It is also part of the agreement in mediation that all
documents concerned with finance or property, pensions or Insurances, can be
made available to personal legal advisers. This can be very helpful, as it
allows your own personal legal adviser to deal specifically with finishing
touches without having to duplicate the work already done.
How many Sessions?
This is a difficult one to answer, so much depends on each individual
situation. We usually suggest between 4 and 6 sessions but sometimes it can be
less and sometimes more. At the completion of the sessions, the Mediator may
prepare a detailed summary of what has been achieved between you, as proposals
that you would wish to make. These proposals, even though they may have been
agreed between you, are not binding so that you may first take them to your own
legal adviser to check, before they are incorporated into a Separation Agreement
or Consent Order within divorce proceedings.
Is it Expensive?
We believe that mediation offers value for money. Our mediators usually
charge at the rate of £120 plus VAT per hour per person. You may like to check
with your own Solicitor how that compares with the cost of full litigation.
Usually, the only additional cost is for the provision of the summary to the
mediation which is negotiated with the Mediator and will depend on the amount of
time it will take to prepare.
The FJG Family Law Partnership has a Franchise to provide Publicly Funded
(formerly Legally Aided) mediation, either by referral through Solicitors or
self referral. Whether you are eligible for legally aided mediation will be
assessed at the first meeting. The general rule is that if you have a weekly
disposable income of less than £180 a week calculated by taking your net weekly
income and deducting particular sums for dependent children then you will
qualify for Publicly Funded mediation.
What if mediation fails and we have to resort to Court
proceedings?
If mediation is not going to work, this will become apparent within 2 or 3
sessions. You may of course have reached agreement on some issues, but not
others. In any event in the case of financial mediation, financial disclosure
will have been provided, at least in part; and in the case of child centred
mediation a greater level awareness of each parties position will have been
reached. This must inevitably save legal costs and lead to a greater level of
understanding between the parties.
How FJG Can Help?
We have substantial experience in providing both private and publicly funded
mediation and helping couples to achieve a satisfactory solution to financial
and other matters arising from their divorce or separation. Our Mediators are
trained by the Family Mediators Association and are also recognised by the Legal
Services Commission (formerly the Legal Aid Board) as being able to provide
publicly funded mediation. We have both Lawyer and Non-Lawyer Mediators, however
it is important to remember that our Lawyer Mediators bring their legal skills
to their role as Mediator and would not be acting as a Solicitor. For further
information please contact our Mediation specialist Kate Taylor.
Kate Taylor is a qualified
Solicitor who trained as a Mediator with the Family Mediators Association (FMA)
in 1991. She is a Professional Practice Consultant and a Board Member of the
FMA. Kate is a member of the UK College of Family Mediators and is also
recognised by the Legal Services Commission as being competent to provide
Publicly Funded (formerly Legally Aided) mediation.