Mediation Explained

I was first asked to do mediation training back in 2003.  At the time my then firm deemed it too expensive and, although a year later, I was able to do the collaborative training, it was not until 2011 that I qualified as a mediator. 

Despite not being a mediator myself until 2011, I have regularly referred clients to mediation where I feel it is appropriate. 

Since qualifying I have enjoyed putting into practice the skills taught on my mediation training and seeing first-hand how the process works.

Mediation involves a couple going to see a mediator who, although may be legally qualified, will not give either of them advice and is impartial.  The mediator will give them information about processes and options but if there is an area on which either or both of a couple need legal advice, the mediator will refer them back to their own solicitors.

People are often surprised to find that with family law there is no right answer and that, although their solicitors may look at their case from a different point of view, they cannot guarantee what order a judge hearing the case will make.  The other problem with the court process is that it can take months for a case to be resolved. In some cases people have waited over a year between hearings and then had to go through the time and expense of updating financial information.  The mediator will encourage a couple to see whether they can reach an agreement without spending thousands of pounds of family money (which may well be the children’s inheritance in any event) arguing over the settlement.  The mediator will suggest other options and the statistics which led to people being encouraged to attend a mediation information meeting before issuing proceedings indicated that over 80% of cases using mediation settled.  This is in part a credit to those who choose to do mediation because I think they approach the process wanting to settle and open to listening to the other person’s point of view.

I think mediation works particularly well for those who want to resolve issues in respect of the children or have already narrowed the financial issues.  Personally I think if the finances are complicated or there are lots of different issues to resolve, collaboration can work out to be more efficient because with collaboration, the advisors are present and able to give advice openly as the discussion progress.  I do, however, have experience of complicated cases settling in mediation and I would always recommend exploring those options with a couple.