Does Mediation Really Function?

The short answer is “yes.”

You have more influence over the decision-making process via mediation, which is an alternate technique for settling disagreements. It provides you greater control over the arrangements regarding the children and the division of assets. The Mediator assists you in reaching a tailor-made resolution that is suitable for you and your children without the need for a protracted court struggle and the attendant worry, stress, and astronomical legal fees. Solent Family Mediation Portsmouth 

A skilled Family Mediator will meet with you both and assist you in reaching a resolution that is beneficial to you and the children. Mediation enables you to use your beliefs, values, and notions of justice to shape the conclusion, while the Mediator ensures that the solution adheres to the law.

The Mediator will listen to both parties and convey your respective goals and objectives to the other party in a non-confrontational manner. Mediation offers a platform for communicating in a safe setting, with a third party, the Mediator, who may interfere if the conversation becomes heated.

In many instances, mediation facilitates better communication between parties. This is particularly crucial if you are parents, since concerns may emerge in the future, and if you are able to communicate in a respectful manner, it may lessen the probability of other experts being involved in the future.

According to statistics, it is easier for children to adjust to their parents’ divorce if their parents are able to reach agreements and cooperate for their benefit.

The Mediator will ask you questions to determine your requirements and then assist you in finding a solution. As you are not expected to have legal expertise, the Mediator will give you with pertinent information, allowing you both to generate ideas and suggestions and leading you to a just resolution.

The Mediator must maintain impartiality and consequently cannot provide legal advice. During mediation, you may call your attorney if you need legal counsel. Occasionally, the Mediator may recommend that you obtain legal counsel during the mediation process in order to advance the mediation.

Since mediation is private, you may freely express yourself and explore ideas. The Mediator will examine each proposal individually to verify that they are reasonable, practicable, and executable.

Contacting a Mediator as soon as feasible is advised. At the very least, the Mediator may conduct a Mediation Information Assessment Meeting (MIAM) where the Mediator will go over the numerous approaches that can be employed to settle your dispute and determine whether mediation is acceptable.

Is Mediation legally enforceable?

No. The mediation process is private in order to enable parties to communicate freely and honestly without their attorneys present. Consult a lawyer if you want the mediation conclusion to be binding or open.

Is Mediation confidential?

However, there are two exceptions. If there is any indication of child abuse, mediation will be terminated and the mediator will need to call the appropriate authorities. Second, any financial information disclosed during mediation is public and hence not covered by the confidentiality rule.

Will the Mediator communicate with the child(ren)?

It depends. Typically, the Mediator does not visit the children in order to save them additional anguish and worry. Occasionally, though, it might be beneficial to visit the children and let them know they are being heard.

When a Mediator interacts with a kid, this is known as Direct Child Consultation (DCC). To conduct a DCC, the Mediator must have received specialised training. The Mediator will not force the kid or children to choose a side. Instead, the kid or children may communicate freely and in confidence with the Mediator, and they can choose how much of what is discussed is transmitted to you.

What is the least expensive method for resolving a disagreement over funds or child custody after the dissolution of a relationship?

Mediation is often the cheapest and fastest method for resolving such disputes. The Mediator’s cost is often shared between the parties, and you will be provided with adequate and pertinent information to make informed judgements. Thus, the attorneys do less labour, and their costs are kept to a minimum. After the mediation has concluded, you will still need an attorney to analyse the result and, if required, secure a court order.

Can I obtain legal aid?

In family processes, legal assistance is now strictly regulated and is often awarded only when there is proof of domestic abuse. However, if you have a low income, you may still qualify for legal assistance for mediation, which would pay the mediation expenses and provide you with some legal advice. It should be noted that not all Mediators give legal help, therefore if you are seeking legal aid, you should make this known from the beginning.

Do I need to attend mediation?

Since mediation is a voluntary procedure, you cannot be compelled to participate. However, if you want to petition the court for a financial settlement in a divorce action or for the majority of child-related matters, you must attend a Mediation Information Assessment Meeting (MIAM). At the MIAM, the Mediator will review with you the different methods/options for resolving your disagreement and determine whether your case is fit for mediation.

If you decide to continue with an application to the court, the Mediator will sign the appropriate page of the application form to certify an MIAM has taken place. If the application is not submitted within four months following the mediator’s signing, you will be required to attend another MIAM.

What if I lack financial confidence or am unaware of the current financial situation?

The Mediator will assist you both comprehend the financial position and will deal with financial disclosure at an early stage so that you know precisely what the financial situation is. The speed of mediation should be comfortable for both parties, and you are encouraged to ask questions and seek explanation if you are uncertain. The Mediator will guarantee there is a fair playing field for the parties and an equitable balance of power.

The legal processes have already begun. Can I still go to mediation?

Yes. Statistics indicate that a person is more likely to comply with an agreement he or she has made than with a court order. Typically, a judge will postpone a hearing for an appropriate amount of time so that you may participate in mediation.

Will the Mediator attempt to facilitate reconciliation?

No. The Mediator operates on the assumption that the relationship has broken down and focuses on advancing the parties independently and away from one another. If you desire to seek reconciliation, the Mediator would direct you to the necessary agencies.

Do I require a solicitor before attending mediation?

No. The Mediator will provide you with information to allow you to create recommendations and debate the next steps. When the Mediator reviews the recommendations with you, it will become evident whether any of the plans are unacceptable in whole or in part.

Can the Mediator provide guidance?

The Mediator must maintain impartiality. The Mediator may provide you with information, which often helps you to advance the discussions. If you want legal counsel throughout the mediation process, you may speak with your own solicitor between sessions. Legal counsel and mediation go hand-in-hand, but they will be offered by two distinct sources: the attorney will provide legal advice as needed, while the mediator will conduct the mediation and exchange information with you.

How lengthy is the mediation process?

It depends on the nature of the case and the availability of the parties and the mediator. The majority of mediations are concluded within a few months.