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Mediation

Mediation might be the right process for you and your partner if reaching agreement is important to both of you, but talking to each other, just the two of you, about such sensitive issues is too difficult or follows the same unproductive path each time.

What is Mediation?

Mediation works by helping people who have decided to separate, end a civil partnership or divorce to talk things through. Mediation provides a supported opportunity to cut through the negotiation to get to the result that makes sense. Our Mediators are trained to help you discuss and agree on the best arrangements for your family. These arrangements may be about your children, your home and money, or the practicalities of how life will work in the future.

If you would like to discuss our mediation services further, please contact our Family Law department on 020 8771 5254 and ask to arrange a call with one of our Mediators.

How do I know I am not giving up my rights?

The mediator will be guiding both of you through the process.  There can often be a number of options, and within mediation we look at as many options as possible to identify the one that best suits you and the reason why other options will not work. Successful mediation relies on compromise, but is greatly assisted by participants knowing where they stand legally and your mediator will guide you both so you have the support you need.

Mediation Information and Assessment Meetings

Although mediation is a voluntary choice, most people who are going through family court proceedings are required to attend an initial meeting (a Mediation Information and Assessment Meeting sometimes known as a ‘MIAM’) in order to determine whether an agreement could be made away from the courtroom. This meeting also includes information about what Mediation is like and whether it is suitable for them. Liz Edwards is able to conduct those meetings and complete the paperwork for court to confirm the meeting has taken place so that proceedings can be issued. In the meeting she will tell you about mediation and other options to help you resolve matters away from court. Court is the least used option for many reasons and it is her job in this meeting to make sure that none of the other options would work better for you.  

What is Mediation actually like?

Firstly you will each speak to the mediator on the phone for 15 minutes or so and there is no charge for this.

Then you will each meet the mediator on your own. The mediator will expand on the information provided on the phone and you will have the opportunity to speak about the situation. After that meeting you will know the mediator and feel better prepared.

Next there will be a joint meeting when you both attend (although sometimes you may choose to be in separate rooms). In this session, the mediator will guide you both through the discussion.  

It is hard to predict how many sessions might be necessary. It is unusual for financial matters to involve fewer than two sessions or more than three and it is unusual for children issues to involve more than two sessions and sometimes those sessions will be some time apart so that agreed arrangements can take place for a while before the next arrangements are discussed.

What happens after Mediation?

When you have identified an arrangement for your finances or children which you want to proceed with you may have to obtain a court order or other legal documentation. The mediator will discuss this with you. They will also discuss how the proposed arrangement is sent to the lawyers. It is usual for the mediator to complete summaries which gives the lawyers what they need to advise you and do the paperwork with the least expense for you.

Is Mediation right for me?

It is not right for everyone and most importantly, it is not right until everyone is in the right frame of mind. When it works, it is brilliant and if you are willing to try it you might be surprised how much can be worked through. Even when everything cannot be agreed it is likely you will know more about your position and what is standing in your way so that with your lawyer you can make more informed decisions.

What’s next?

QS Amphlett Lissimore have three Mediators based at our Crystal Palace, Bromley and West Wickham offices. Each are members of Resolution, an organisation of Family Lawyers, who believe in a constructive, non-confrontational approach to Family law matters.

If you would like to discuss our mediation services further, please contact our Family Law department on 020 8771 5254 and ask to arrange a call with one of our Mediators.

 

 

Expert legal advice you can rely on:



Team Members

Liz Edwards
Partner
Bromley
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Donna Rose
Solicitor & Family Mediator
Crystal Palace
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Samantha O'Dwyer
Solicitor & Family Mediator
West Wickham
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