What is Mediation? | What happens in Mediation?

What is Mediation?
What happens in Mediation?

"A courtroom is a barbaric venue in which to
pick over the carcass of a failed marriage."

Fiona Shackleton, lawyer for Sir Paul McCartney

The Times October 12 2007

Mediation is a voluntary process that can help two sides to reach an acceptable solution to their differences. A mediator can help you both to examine ideas and options in a neutral, safe environment where you are both free to express your opinions.

Using mediation can be a sensible alternative to taking your differences to court and therefore avoiding LARGE LEGAL COSTS.

National Audit Office report published on 2 March 2007 entitled "Legal Aid and Mediation for People involved in Family Breakdown" -

"Family disputes that are resolved through family mediation are cheaper, quicker and less acrimonious than those settled through the courts."

Mediation can help in the following situations:

Divorcing or separating couples (whether still living together or not)
Problems with child contact
Civil partnerships / same sex relationships
Unmarried couples
Grandparents wishing to re-establish contact with family
Families in difficult situations or conflict with each other

It is not about winners and losers, it is about achieving a sensible outcome for everybody involved, particularly any children. Rather than asking a court to make far-reaching decisions on your behalf, you can use a mediator to help you make your own decisions about your children, finances and future. A mediated solution can then be ratified by a court, so that the decisions that are made are legally binding upon each person.

One of the aims of mediation is to resolve conflict as quickly and as calmly as possible, so that damage is limited.

Benefits of counselling

Divorce is a stressful and difficult time and many people find that a course of counselling either before, during or after a separation or divorce is beneficial to them. Arena Mediation can offer a counselling service on-site with a fully qualified counsellor, as part of the process. Alternatively, we can provide you with a list of counsellors local to you, so that you may make your own arrangements directly with them.

Shuttle mediation

Mediation is essentially an assisted negotiation between two people. Those two people do not necessarily need to trust each other, or even sit in the same room as each other in order for mediation to be successful. Arena Mediation can offer a process known as "shuttle" mediation for those cases where it would be inappropriate for the two parties to be in the same room, e.g. where there has been serious domestic violence. Please see shuttle mediation for further details.

.......... your children, your future, your finances ...........

Session 1

We establish if there are child issues to discuss for example:

Have you made plans for your children's living arrangements and the time that they will spend with each parent?
Do your children know that you have separated/intend to separate?
How will you tell them? Communication with school holiday arrangements, parents evenings, school events, university expenses

Finance: We explain the financial disclosure process and identify assets, liabilities and income.

You will receive an Outcome Summary noting any plans you have made and listing the paperwork required for the next session.

Session 2

Update on relevant information and/or decisions made since session 1.
Complete financial disclosure and list any outstanding items.

Option development: The mediator will assist you with identifying and discussing your options for settlement including child and spousal maintenance payments. Clients may need to gather information and/or consult with their legal advisers and consider any options proposed.

You will receive an outcome summary noting any plans/options you have made and listing the paperwork and information required for the next session.

Session 3 and beyond

Update on relevant information and/or decisions made since previous session.
Clients to review change or confirm plans for settlement.
Completion of future expenditure chart if appropriate.
Review the Memorandum of Understanding to be prepared by the mediator.

Further sessions may be required to continue with developing options for settlement and/or child issues.

Clients will receive the Memorandum of Understanding within 10 working days which their respective legal advisers may use to implement their proposals.

Mediation

"A courtroom is a barbaric venue in which to pick over the carcass of a failed marriage."