FAQ / Frequently Asked Questions
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What is mediation?
Mediation is a form of alternative dispute resolution in which a neutral third party (the mediator) meets the parties in conflict to help them negotiate a settlement of their issues. The large majority of disputes dealt with by mediation result in settlement.
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Will I be safe during the mediation?
Mediation will not continue unless you feel safe, both physically and emotionally. I offer a calm environment in which to resolve your differences at your own pace.
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What will I have to do during the mediation?
At the first joint meeting, we will set an agenda identifying the areas that you wish to resolve. Mediation works at its very best when parties come with an open mind and the willingness to find a solution to their issues. The presence of an impartial mediator helps people in conflict to become clearer and calmer. The clearer and calmer you can be while discussing matters, the better.
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Does the mediation fee have to be paid before the mediation takes place?
Yes. The terms for payment and cancellation are clearly set out in the agreement you will sign prior to the mediation.
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Who pays for the mediation?
Each person generally pays for themselves.
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Will the mediator be fair to both sides?
Yes. A mediator is completely impartial and either side can stop the mediation at any time if they are not happy. A mediator will not force you to make decisions or to agree to something you do not feel comfortable with.
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How is family mediation different from seeing a solicitor or going to court?
Unlike negotiating through your solicitors, family mediation allows you to speak directly to each other (with the assistance of the mediator) so that you can both explain what you are feeling and what is most important to you. Mediation also allows you to focus on the things that really matter to you as a family.
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What are the advantages of mediation?
It allows parties to express themselves and reach a tailored solution to meet their particular needs. Mediation is a faster and less expensive process than going to court. When mediation results in a settlement, the parties avoid the legal costs of fighting litigation and the stress resulting from protracted court proceedings.
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How much does mediation cost?
Please see the section of this website that deals with fees HERE.
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What happens if we can't reach an agreement through the mediation process
In that unlikely event, we can have a further discussion to decide upon the best way forward. This can be to use Solicitor Negotiations, Arbitration or if necessary an Application to the Court.
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What is a Mediator’s Certificate?
If it proves impossible to resolve matters through mediation or one party wishes to draw from it, a Mediator’s Certificate can be provided by the Mediator. The certificate confirms that mediation is not a suitable way to progress matters. This confirmation is required by the Courts before they will allow an application to the Court to go ahead.
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Is a mediation agreement legally binding?
A mediation agreement (Memorandum of Understanding) is not in itself a legally binding agreement as it may contain matters that you do not want to be made legally binding. It also gives you a chance to consider the proposals fully before committing to them. However it can be used as a basis for the terms of a Consent Order in divorce matters or for an exchange of letters by solicitors for unmarried couples.
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Is mediation the same as counselling? Do you offer counselling services?
No. Mediation is not the same thing as counselling. Mediation is used when relationships have broken down and resolution is needed on specific issues e.g. child access, disputes over finances, separation or divorce issues etc. Although we do not offer counselling, we work closely with colleagues who are able to offer a wide range of counselling services to whom we can refer you.
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Child Inclusive Mediation
As children are often at the centre of a family’s priorities it can be essential to allow children to have a voice. This can help parents ensure that they have listened to their children’s hopes and fears without putting pressure on them or risking them worrying about divided loyalties.
Where parents and children wish the child’s voice to be heard it is necessary first for everyone involved to agree to it. An appointment is then set up with another mediator or child specialist for the child or children.
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The child mediator will discuss with the child what he or she would like to be shared with their parents. The child mediator will then report back what they have learned to the mediator and the parents who will in turn be able to use this new information as the basis of discussions between the mediator and the parents to help them make the right decisions for their children. This person will spend time with the child or children, usually separately and together, to discuss with them their wishes and feelings. The child or children have the same right to confidentiality as anyone else in a mediation process.