Don’t Hesitate Mediate

Mediation is an extremely useful tool in the dispute resolution tool belt.  It gives both parties control and the opportunity to discuss and explore options freely on a without prejudice basis and in a safe environment. The mediator is neutral and as a lawyer-mediator I am able to give legal information on an impartial basis, which assists the parties in their discussions.  

Most family mediators nowadays will adapt to the needs of the parties using technology and virtual mediation sessions in different ‘virtual’ rooms, when face to face mediation is too difficult to contemplate. 

This is also very useful when parties live far apart from each other and meeting up face to face would be difficult.

As none of the discussions or proposals reached in mediation are binding, are subject to legal advice and as they can’t be referred to in court in any subsequent proceedings, mediation is an excellent and safe way of moving to consensus with the safety net of legal advice before any proposals can proceed.  

Court proceedings are costly and stressful, and courts are overstretched so that there is a much higher expectation on parties to sort matters out between themselves and only to come to court if it is absolutely necessary.   Judges will criticise parties who do not attempt mediation or another form of dispute resolution and may refuse to hear the case until the parties do try to resolve matters out of court. Mediation has a proven track record of being every successful and extremely cost effective in comparison to a contested court case.  As it can be done relatively quickly, it reduces the anxious period of uncertainty which parties encounter after separation, and which can make it very difficult to move on.   

In mediation, the emphasis is on the mutual benefit to both parties and the family as a whole of sorting matters out amicably.  A mediated agreement reached after mutual discussions is more likely to have the cooperation of both parties in implementation because it is the solution which they have chosen for themselves and over which they have control.  As in all negotiations, both parties must be willing to compromise with each other.   

Another advantage is that the mediation process is completely private and confidential.  Only the parties and the mediator know when the meetings are to take place and what the outcome is.   

In children matters, where older children are involved (generally aged 8 or above), the child or young person has a right to have their views heard.  This does not mean that they choose what should happen, but it does allow them to have a say.  I am a fully trained child inclusive mediator qualified to meet with children in mediation cases.  I meet with the child alone and feed back to the parents only what the child authorises me to.  It can be very helpful to hear the voice of the child in matters where the couple are at odds about childcare arrangements.  

For more information, please contact Susan Alexander, Accredited Family Mediator and Child Inclusive Mediator on 01244 561001 or email on susanalexander@msbsolicitors.co.uk