property & legal

Why mediation?

Using mediation gives you an opportunity to discuss in an unbiased environment issues that affect you, your children and your ex-partner. Some may find the prospect of seeing their ex-partner face to face and discussing issues openly with them daunting. This may be the case, however it is well worthwhile considering as the costs of mediation are a lot lower than using your legal advisers and it may be that you gain a greater understanding of what your ex-partners position is and what their concerns are as well as them yours and hopefully reaching a satisfactory agreement.

It is normal that both yourself, your ex-partner and trained, neutral mediators will be present at initial meetings. Some mediation groups prefer an initial meeting separately to ascertain whether both parties are suitable for mediation before proceeding.

Who are the mediators?

These are normally trained people either from a legal background or from a non legal professional background where they can try to help with reaching an agreement not just over family issues but also consider other issues such as property, finance etc. The mediators do not take sides and see both parties on an equal basis. They are there to try to help people reach agreement or resolve their differences.

Who attends?

It is normal that initially both parties will attend, without any legal representatives, plus the mediator(s). At a later date other parties may attend, including children, if both parties are agreeable.

The costs of mediation

Costs are relatively cheap when compared with legal fees. These costs will vary depending upon which mediation service is used. A number are charitable organisations which are run with the help of volunteers and therefore, whilst there is a cost it can be quite small. If you are receiving legal aid, there may be no cost as these may be paid for by the Legal Servicies Commission's Civil Scheme (formerly the Legal Aid Scheme).

How do you contact mediators?

There are many ways to do this, your legal adviser will have details of local mediation groups. Alternatively, contact the Citizens Advice Bureau or The National Family Mediation Service on 0207 7383 5993 or e-mail them general@nfm.org.uk.

What should you consider before mediation?

Be prepared to be open and honest about your fears as well as trying to understand your former partner's position. It takes time to re-adjust to your new circumstances, not just for you but also for your former partner and indeed the children. Remember, it is your children's welfare that should come first. Think about issues that you have with regard to the children, to finances and to other areas such as your long term future. Having given some thought before attending mediation may help with discussions whilst in mediation.

Is mediation confidential?

Most mediation services will not disclose any information to outside sources unless there is a risk of harm to children, where Social Services would be contacted.

Any discussions within mediation are deemed as privileged. That is when what you say cannot be used in a court of law. Although, any documentation that you produce to substantiate a claim or try to reach an agreement within mediation is not privileged and may be used by legal advisers to further negotiation or to use in court.