Family Mediation Service...
What is Mediation?
- Mediation is not counselling.
- Mediation is the use of an impartial legally qualified person to guide disputing parties, to help them make informed decisions and develop mutually acceptable solutions within a confidential and sensitive setting. To consider all possible solutions without compromising their objectives. The Mediator does not give legal advice but can share the range of possible approaches adopted within negotiations and a Court and to ensure the negotiations are conducted in a way to ensure both parties' wishes are heard and considered in a fair and open manner.
- You can control the content and pace of negotiations.
- All discussions cannot be relied upon outside of mediation unless both parties wish this. The financial documents produced are not confidential, only the discussions surrounding them.
- Mediation can be a cost effective process to avoid lengthy and expensive negotiations and avoid contested court proceedings.
- Mediation is supported by independent legal advice by each party to advise upon the legal implications of discussions and solutions achieved through mediation and as to whether a mutually acceptable solution can be formalised in a formal agreement. Legal advice can be called upon at any time during the mediation process.
- Documents created within the Mediation process are user friendly with Solicitors and the Court to avoid duplication of work and costs.
- The issues which can be considered within mediation are
- Relationship breakdowns
- Separation
- Divorce or Civil Partnership Dissolution
- Children
- Financial
Mediation puts you in control of what can be a terrifying life event
How does it work?
Each participant is invited to an intake appointment to ensure the process is appropriate for them; they have a good understanding of the process and whether they are able to proceed.
The intake appointment can be joint or separate. If both participants confirm they wish to proceed,the next stage is to move onto a mediation session when the issues will be identified and similar aims, objectives and information gathering timetabled. Each mediation session lasts 1 to 1 1/2 hours and it is usual that there are 4 - 6 sessions.
If a solution or partial solution is achieved this is communicated in writing to each participant and independant legal advice taken upon whether to formalise this into an Agreement or Court Order. Steps are taken to avoid costly duplication of paperwork when taking legal advice.
What next?
Both parties must agree to undergo mediation sessions. Even if the channels of communication between you are not clear, mediation is a solution which can be explored and can be achieved through talking openly and honestly, and if necessary even in separate rooms. You must be committed to trying to resolve issues constructively. You will also be expected to be open to a degree of compromise. Sometimes an acceptable solution does not require a huge compromise.
The cost is shared equally between participants at a rate equal to approximately one half of the joint costs of Solicitors.
The experienced mediators at Smith Partnership will be able to work with you to reach a settlement which all parties are agreed on. It is likely the Court will endorse such a move.
Main Contact:
Janet Riley
Alison Tremeer
Ruth Jones
Our Forms:
Mediation Referral form
Family Mediation Service:
Tel: 01332 225 216
Service carried out in: Derby, Burton, Stoke, Swadlincote and Leicester