How the Mediation Process Works?
Mediation is a voluntary and confidential process that helps people resolve disputes without going to court. An independent, trained mediator works with all parties to help them reach a mutually acceptable agreement. The goal of mediation is people working together towards a mutual goal rather than people confronting each other. Whilst the emotional side of any dispute is acknowledged in mediation, participants are encouraged and supported to be forward-looking in their approach.
The mediator facilitates constructive discussion, helping everyone explore solutions that work for them. Key to mediation is the desire from each party to participate fully in the process. This is facilitated by the knowledge that anything discussed with the mediator remains confidential.
The confidentiality extends to an eventual court process if the mediation fails. Nothing discussed in mediation can be used against any party later in court.
Family mediation has a slightly different process than Civil and Commercial Mediation.
The role of the mediator
The mediator is:
- Independent and Impartial.
- Does not take sides or make decisions.
- Helps the parties communicate effectively and
- Keep the discussions productive.
- Keeps the process structured and productive
- Is focused on practical solutions, not blame.
- Assist in exploring options and solutions.
- Help resolve matters in the parties' own terms.
How Civil and Commercial Mediation Works?
1-Agreement to Mediate: Both sides agree to attempt mediation and appoint a neutral mediator.
2- Preparation: Each party explains their position and provides relevant background information to the mediator.
3- Mediation Meeting: The mediator meets the parties together and, if needed, separately, to explore issues and options.
4 - Negotiation and resolution: The mediator helps the parties move towards a practical, workable agreement.
5 - Settlement Agreement: If an agreement is reached, it is recorded in writing and, if appropriate, made legally binding.
How Family Mediation Works?
1-Mediation Information and Assessment Meeting: The mediator meet with each party individually to gain understanding of the situation and assess if mediation is right for the couple.
2- Mediation sessions: If mediation is suitable for the couple, they are invited to participate in mediation sessions (after signing a mediation agreement). The sessions are typically face to face and facilitated by the mediator. Sessions can be individual as well (shuttle mediation) and the mediator move from one party to the other individually. At the end of each session, the mediator provides both participants with a summary of the discussions, the progress made and what have been agreed so far. There are usually several mediation sessions lasting around one hour or ninety minutes.
3- Outcomes: (Both outcomes can be turned into court consent orders to make them legally binding)
- Finance arrangements: Sessions conclude with a memorandum of understanding (M.O.U.) outlining how the participants have agreed to share their assets, ongoing financial support if any, child support, etc.
- Children arrangements: Sessions concludes with a written parenting plan detailing all aspect of the the life of the child, time spent with each parents, how decisions are made and how the parenting plan will evolve.
4 - Information and advice: The mediator will suggest and inform the parties on how and where to find further information and independent advice on different subjects, from child development theories to financial advice, legal advice, etc. The mediator does not provide advice neither is the mediator allowed to provide advice.
5 - Court orders: Certain outcomes such as pension sharing requires a court order. Parties should take legal advice to decide if they want their parental plan and M.O.U.s to be turned into court orders to ensure they are legally binding.