What are the ground rules for mediation?

By Solent Family Mediation |
April 20, 2021
Family mediation Farnborough

Solent Family Mediation

Mediation is a strategy for resolving disputes between you and your ex-spouse with the assistance of a neutral third party. The third party is known as a conciliator. They can help you achieve agreements about money, residential or commercial property, and children.

You can try mediation before seeing a lawyer. If you consult a lawyer first, they will likely discuss with you whether or not mediation could be helpful.

You are not required to participate in mediation, but if you end up needing to go to court to resolve your dispute, you are normally required to provide evidence that you attended a mediation information and assessment meeting (MIAM). This is an introductory symposium on mediation and its potential benefits.

There are several instances in which you are not required to see the MIAM prior to filing a lawsuit, such as if you have genuinely suffered domestic abuse.

If you need to go to court and your ex-partner refuses to visit a conciliator, you must contact the arbitrator and clarify the situation. You cannot compel your ex-partner to participate in mediation.

What happens at mediation

During the initial meeting, you and your ex-spouse will often meet individually with an experienced arbiter. Following this, you will participate in mediation sessions where you, your ex-partner, and the mediator will explore your differences.

If you and your ex-partner are unable to sit together, you might sit in separate rooms and ask the mediator to move back and forth between you. This sort of mediation is typically more expensive and time-consuming.

The mediator is unable to provide legal advice, but they will:

  • They will listen to both of your perspectives without taking sides.
  • Assistance to create an atmosphere conducive to reaching a mutually agreeable deal.
  • recommend useful actions to facilitate agreement
  • Everything you say in mediation is kept private.

If you have children, your mediator will prioritise their best interests and requirements. The mediator may even speak with your children if they deem it acceptable and you provide your permission.

How is Family Mediation different from other option?

Family mediation, unlike litigation or arbitration, recognises that you are the expert on your own family and leaves decision-making to you.

In contrast to negotiating through your attorneys, family mediation allows you to communicate directly with each other so that you can both convey your feelings and priorities. Additionally, it allows you to concentrate on the things that truly matter to your family.

How will the mediator help me?

Family mediators have extensive knowledge of the difficulties surrounding separation and divorce and may provide you with general information about your family’s available options. Family mediators will also be able to ask you both pertinent questions regarding the practical effects of any option that really fascinates you on your family. Family mediators can discuss the legal ramifications of any ideas that may be of interest to you. Family mediators are uniquely trained to focus on the needs of the children in the family, and will help you, as parents, to achieve that jointly.

During mediation, the mediator will provide you with information on how to address financial and child-related difficulties, pertinent legal concepts, the court procedure, court orders, and how to contact other agencies and professionals who may be able to assist. The mediator will ask you pertinent questions regarding your future plans and your present concerns.

They may even discuss what went wrong in the past, but this is not the primary emphasis of mediation. The mediator will also establish the guidelines that everyone must observe. These will include speaking and listening to one another with respect, and working with the mediator to ensure that conflict and strong emotions do not overrun the mediation process.

The majority of family mediators operate in a reasonably casual workplace, and all competent family mediators provide clients with a comfortable and secure setting. During the session, the mediator will record key bits of information, ideas, or options in a way that allows both parties to view and comment on what has been recorded.

Typically, the mediator will use a flipchart for this purpose, though many also employ more advanced technologies. You will be encouraged to ask questions and discuss the information being recorded. If you do not understand what someone in the room is saying or what the mediator has put on the flipchart, please state your confusion. The mediator’s role is to assist. Your mediator will keep an eye on how you are feeling, but it is crucial that you express any discomfort or concern you may have.

If the two of you are able to identify viable proposals, the mediator will record them in a confidential manner so that you can put them into a legally enforceable agreement after obtaining legal counsel.

Solent Family Mediation can help you today – Call us today – 0238 161 1051