Mediation
What is Mediation
Mediation is voluntary ‘off the record’ face to face meeting between parties around a table. A mediator chairs the meeting to assist in the resolution of any issues.
A mediator is independent and aids the parties by acting as a go between. The mediator may put forward alternative solutions for the parties to consider and such solutions can be concluded in a manner which would be unavailable to the courts to settle.
Mediation can be on issues relating to children or financial matters
Is mediation suitable for you?
Consideration should be given to:
- Whether you are able to open a dialogue to avoid possible acrimony and be receptive to each others views.
- Whether you are considering legal action to resolve a dispute.
- What the risks are to you if the Order of a Court is not favourable to them if the matter is litigated
- Are you prepared to settle instead of litigating.
- Is speed important to you.
- Are you prepared to meet the opponent face to face.
- Do you want to stay in control of the dispute & costs
- Do you want to preserve what little relationship they have left with the opponent.
- Are there any issues which you would find difficult to have recorded or dealt with through Solicitors or the formal court process.
- Are you concerned with the inevitable large legal costs which could ensue if matter proceeds to court.
- Are both parties actively involved in the daily care of the children
- Have you dealt with your finances fairly independently of each other to be able to reach an early resolution.
- Are you concerned that either or both may become distressed by receipt of formal legal correspondence
- Are the parties trusting of each other to allow a single person to act as a go-between.
- Are the parties prepared to consider solutions put forward by a Mediator that neither party had previously considered.
- Be prepared to accept creative solutions which a Court would be unable to put forward and litigation may not be able to accommodate.
Once the mediation sessions have concluded:
- If a settlement is reached a Consent Order will need to be prepared to submit to the court. You will need to revert back to solicitors to assist in this process.
- If a settlement has not been achieved formal court proceedings may be needed for the courts to decide on the issues, though you can still continue to attempt negotiations throughout this process.
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