Frequently Asked Questions
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 £100 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 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.