Mediation

Introduction

Family Mediation is a process of dispute resolution within Family proceedings in which an impartial mediator assists Parties involved in family breakdown, explore issues and any concerns that they have with a view to reaching their own joint decisions. Mediation encourages couples to consider their future relationships particularly in cases in which children are involved. There are four very important principles of mediation:

• Mediation is a voluntary process
• Mediators are impartial
• Decision making rests with the participants
• Mediation is confidential with the exception of cases involving concerns for child protection.

Mediation can cover a number of areas including arrangements for divorce, separation, children, finance and property. Mediators do not offer counselling or legal advice.

Participants will discuss any arrangements that have been agreed in the mediation with their own Solicitors who will then be involved in the implementation of any arrangements or agreements including the preparation of Court Orders.

How can Family Mediation Help?

Mediation can assist couples at the point of breakdown of their relationship to consider their options and make arrangements they can live with for their separate lives - particularly if children are involved.

It can aid parents to make, and when necessary or appropriate, to review arrangements for their children, reflecting the changing needs of both parents and children.

Comprehensive mediation helps couples to look at financial arrangements including decisions about property.

It provides an opportunity to resolve problems associated with divorce or separation or any family difficulties in a fair and dignified way, taking careful account of the needs of everyone involved including the children.

However, Mediation is not a universal panacea, or directly an aid to reconciliation.

Mediators do not offer counselling or legal advice.

Couples are advised to take their proposals to their personal Lawyers and most Mediators/Mediation Services will provide some form of summary of outcome to personal Lawyers - with the agreement of both.

How Can Family Mediation Help Children?

Mediation is most usually an indirect aid to children. Mediators work with couples, assisting them to look at their needs and futures and two individuals who will remain parents to their children.

Mediators assist couples to focus on the arrangements they wish to make, particularly for their children, rather than the battles they have had in the past or are having about the ending of their own relationship.

Mediators help parents to focus on their own "expertise" as far as their children are concerned and to look at the children's needs in their new family arrangement.

Mediators can give information to parents about some of the effects of separation and divorce for children, and can assist in informing parents of the most appropriate support groups or other local referral sources for expert help - if that is what is needed - for children.

Children are only ever consulted as part of the mediation process with the greatest of care and with the permission of all.