CAN IT HELP ME?

Family mediation can assist all kinds of couples - married and unmarried, younger and older - whether or not you have children. Family mediators can help you decide if mediation suits you and your circumstances. All sorts of separating couples have found family mediation to be a constructive and supportive means of conducting discussions and reaching workable and practical arrangements.

WHAT CAN WE DISCUSS IN MEDIATION?

Clients are free to discuss any issues they wish. Common topics include future arrangements for the children, and finances, including the family home and other capital. Some clients find it useful to discuss parenting arrangements, and mediation is usually successful in restoring constructive communication between parents at a time of tension and fear of the future. Although children are not directly consulted themselves, their needs are regarded as paramount in the mediation process.

IS IT LEGALLY BINDING?

Decisions made in mediation are documented but are not legally binding. A legal agreement can be drawn up from the document by solicitors.

WHAT ABOUT MY OWN SOLICITOR?

Mediators encourage clients to consult their own solicitors.

CAN I TRUST MY FORMER PARTNER?

Mediators always obtain adequate information through an extensive financial questionnaire, which follows the format of the financial questionnaire used in court proceedings. If necessary, up-to-date valuations are obtained of any property, pension, insurance policies and other assets. If full financial disclosure is withheld then the mediator would refer the clients back to their own solicitors for advice. Mediation can only be conducted in good faith and in the open.

WHAT IF THERE HAS BEEN DOMESTIC VIOLENCE?

It is of paramount importance that clients feel secure during mediation. Mediation is a voluntary process, and clients should never feel under any form of pressure. Clients should always discuss concerns in confidence with the mediator at the preliminary 'screening' interview which the mediator will conduct.

If the mediator takes the view at any stage that the client is in immediate need of the court protection, then the mediation will be terminated and the client advised to return to his or her solicitor. In some cases, however, violence can be viewed as an isolated outcome of tension which is unlikely to recur once circumstances are improved. In these cases, continued mediation can further reduce tension and improve communication.

A FINAL WORD…

You will both have an opportunity to express your issues and concerns in a safe environment.

Family mediation is an alternative which is worth trying!