The only circumstances where parties will not be required to attend mediation prior to commencing proceedings will be in serious circumstances where there are allegations of domestic violence or child protection. However, even in these circumstances if both parties do want to try mediation rather than issuing court proceedings, special arrangements can be made for what is called ‘shuttle mediation’. This is when both parties attend mediation together but the session takes place in separate rooms. There will usually be two mediators in this circumstance and they will go from room to room to try and reach an agreement. The two parties will not be required to meet face to face unless they both request to do so.

Mediation can take place as often as the parties like and for as long as the parties are willing. It can also be revisited after an agreement has been reached, if necessary. Mediation is also available to parties who are already involved in court proceedings and can be vital for even the narrowest of issues.

If either party feels at any stage that the process is not working, then they have the option to apply to the court. It is imperative that legal advice is sought from a Family Solicitor during the mediation process, as this ensures that the final agreement is legally binding on both parties.

Mediation also has costs advantages. If you are assessed as eligible, mediation can be funded by the Legal Services Commission and would therefore be free of charge. Even if Legal Aid is not an option then it is important to note that mediation rates are usually less than the rates of solicitors and an agreement is usually reached in a shorter period of time.

As a firm it is our intention is to seek resolution for our clients in a way that is best suited to their needs. Every case is different and in some circumstances, mediation will not be suitable.  However, due to the new Mediation Protocol under the Family Procedure Rules 2010, mediation must always be considered in every case.

If you need help regarding a family dispute, please contact our Family Solicitor, Stacey Phoenix, for a free no-obligation appointment or discussion via telephone.

Mediation is not a means of attempting reconciliation. There are organisations available to assist when parties wish to receive professional help to reconcile. Referrals to such organisations can be considered and information provided as required.

Mediation is not the appropriate service for reconciliation.  Instead, it attempts to resolve issues resulting from the breakdown of a relationship and not resolving the breakdown of the relationship.

If you need help regarding a family dispute, please contact our Family Solicitor, Stacey Phoenix, for a free no-obligation appointment or discussion via telephone.

No, mediation can be used for the majority of cases where a dispute arises between families. Mediation is often a successful service for discussing matters in relation to children or organising contact and residence. Mediation can be assessed in every circumstance to see whether it would be a suitable way to resolve a disagreement.

Statistics suggest that agreements reached at mediation have a higher success rate; this is mainly due to the fact that both parties have mutually agreed the arrangements. Mediation has obvious advantages, especially when children are involved, as it removes a degree of hostility and confrontation.

The New Family Procedure Rules 2010 Mediation Protocol also ensures that mediation is considered in relation to applications for children; this includes disputes about contact and residence, save for in emergency circumstances.

Mediation can also be considered during proceedings and if a Judge believes that the parties would benefit from mediation then the court proceedings can be postponed whilst mediation is reconsidered.

If you need help regarding a family dispute, please contact our Family Solicitor, Stacey Phoenix, for a free no-obligation appointment or discussion via telephone.

Mediation is not suitable for all cases and agreement will not always be reached. The individual circumstances of every case will need to be addressed to decide how to proceed if mediation is not suitable, or fails to reach an agreement.

It may be at this stage that further negotiations can be undertaken via solicitors or the case may require court intervention to reach an agreement.

Neither person is allowed to use the content of the mediation sessions as evidence in legal proceedings, if mediation fails and the matter goes to court. The discussions at mediation remain confidential and this information will not even be disclosed to the parties’ solicitors. This is why it is essential that you discuss matters with your Family Solicitor and receive advice throughout the mediation process.

If you need help regarding a family dispute, please contact our Family Solicitor, Stacey Phoenix, for a free no-obligation appointment or discussion via telephone.

The whole process generally takes four to five months from the start of divorce proceedings until the conclusion of financial matters. Mediation does not postpone the divorce proceedings and in most circumstances it ensures that proceedings can be concluded without unnecessary delay.

By removing the court room battles that often surround a divorce or separation, couples will save considerable amounts of money and time.

If you need help regarding a family dispute, please contact our Family Solicitor, Stacey Phoenix, for a free no-obligation appointment or discussion via telephone.

Once you have reached an agreement which you both find acceptable, the mediator will prepare a summary of the agreement, together with a summary of any financial information if applicable. A copy will be sent to each of you to discuss with your Family Solicitors.

Once both parties have received legal advice and assuming you are both still happy with the proposals, the summary prepared by mediation will be drafted as a legally binding document and approved by the court. This is merely a ‘rubber stamping’ exercise and in the majority of circumstances, neither party will be required to attend court.

When the Family Solicitors have drawn up the agreement, known as a “consent order”, this will be signed by all parties and sealed by the court. This will ensure that the agreement is legally binding and can be enforced by the court, should either party breach the agreement.

If you need help regarding a family dispute, please contact our Family Solicitor, Stacey Phoenix, for a free no-obligation appointment or discussion via telephone.

Not everyone is ready for family mediation at the same stage in separating, so the mediator needs to find out whether it is suitable for both of you. This is often done at an assessment and information meeting, when any concerns and questions you might have can be addressed. The mediator will also check eligibility for free publicly funded mediation and explain charges if you are not eligible.

If you decide not to mediate, this stage is necessary if you want to go to court, as the court will expect a certificate from the mediator saying whether or not the case is suitable for mediation before you can start court proceedings.

The mediator will speak to you briefly about the process to ensure you understand how it works. They will then contact the other party and have the same conversation with them. Sometimes mediators prefer to do this face to face, rather than on the telephone.

Further meetings will be scheduled, at which you might work on communication issues, renewing arrangements for residence or contact with children, exchanging financial information and considering available options. The mediator may suggest other help, such as financial advice or support for your children. Between meetings it is advisable for parties to seek advice from their solicitors; this allows for any questions to be answered and the relevant advice to be given.  

If you need help regarding a family dispute, please contact our Family Solicitor, Stacey Phoenix, for a free no-obligation appointment or discussion via telephone.

A Mediator is an independent person who will help disputing parties to try and reach resolution. A mediator will meet with you and the other party, identify those issues you can’t agree on and help you to try and reach agreement. Mediators are neutral and will not take sides in any dispute.

Mediators are not advisors and will not give legal advice on your individual position. You will be recommended to obtain legal advice alongside the mediation process and should ensure that you do so before reaching an agreement.

If you need help regarding a family dispute, please contact our Family Solicitor, Stacey Phoenix, for a free no-obligation appointment or discussion via telephone.

The new Family Proceedings Rules were introduced on 6^th April 2011. The rules reform the existing procedures for Family Law.

One of the main introductions contained within the rules is the inclusion of compulsory mediation within divorce proceedings. This means that all separating and divorcing couples will be referred to mediation to try and settle matters before being allowed to make an application to the court.

If you need help regarding a family dispute, please contact our Family Solicitor, Stacey Phoenix, for a free no-obligation appointment or discussion via telephone.