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When a couple separate, there are usually a number of decisions that have to be made:
- How to separate
- What to say to children
- Who will live where
- The distribution of money and property
Mediation provides an opportunity for you to consider these matters together, and, with the help of a mediator, decide on the best arrangements for you and your family. |
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1. What is mediation? |
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Family mediation is a process which helps those in family breakdown to reach their own decisions about all or some of the issues arising from that breakdown. The issues might be about children, finance or property.
You reach your own decisions, with a mediator helping you to negotiate with each other face to face and making sure that you both have time to speak, think and respond. Mediation is voluntary and confidential. |
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2. Who is the mediator and what is their role? |
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Your mediator will be a professionally qualified mediator, regulated by the College of Mediators and experienced in this type of work.
Their job is to be:
- Impartial (not take sides)
- Independent (not report to anyone else)
- To manage the process of mediation (see below)
- Provide information to help you to make informed decisions
- Guide you with regard to research you may need to do
- Help you to focus on the issues and how they may be resolved
- Help you both to see a pathway through to the future
- Actively work with you to resolve issues
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3. What is the mediation process? |
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It is a step by step process which involves:
- Discussion about divorce, separation, and the management of it
- Clarification about what issues need to be resolved
- Time for discussion and the expression of views
- Clear understanding that the relationship is over
- Constructive ways to move forward and retain a good relationship if possible
- Rigorous financial disclosure and discussion of available assets
- Help to identify research needed to identify options for settlement
- Testing out new arrangements for children, if appropriate
- Relevant information to assist in work towards settlement
- Working in conjunction with external advisors (financial and legal) at appropriate times in the process
- Reality testing of settlement scenarios to ensure affordability
- Final comprehensive documents which can be readily converted into a Consent order for lodging after Decree Absolute, or a Deed of Separation.
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4. Is mediation suitable for everyone? |
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It is suitable for most people and any concerns that you have can be discussed at the initial Intake Meeting which you can attend alone or with your ex partner.
At that meeting, there is individual screening for domestic abuse, child protection issues and financial assessment. |
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5. How are children dealt with in mediation? |
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Children, and their needs, are central to the work done in mediation
- Child arrangements can be dealt with on their own (know as “Child Only” mediation) or as part of a number of issues which include financial and property matters (known as “All Issues” mediation)
- In either type of mediation involving childrens’ arrangements, the needs of children are paramount and significant work is done with parents to encourage co operative future parenting
- Children are not seen as a normal part of the mediation process
- Children may be seen by our “Time to Talk” childrens’ counselling service if helpful and supportive to them
- If a child wishes to have a direct voice into decisions being made in mediation, our “Child Advocacy” service may be used. This allows the child’s wishes to be expressed directly in their own words, through a third party.
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6. How are financial and property matters dealt with? |
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The process of decision making about the future is based on robust and comprehensive disclosure of all financial information to enable both clients to make informed decisions.
- Detailed financial information is collected and collated
- Supporting documentation shared
- Time given to ensure that all clients achieve clarity about the financial situation
- Appropriate research identified
- Options for settlement recorded and illustrated
- External advice sought when appropriate
- Agreement reached, having considered all the implications
- Final documents are drafted illustrating the agreement reached
- Confirmation from clients that the documents are an accurate description of the mediated settlement
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7. Is mediation confidential? |
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Mediation is confidential, with three exceptions:
- If a significant risk of harm to a child or adult is identified
- If illegal activity is involved
- If the Legal Services Commission wish to audit files. (The LSC provide free mediation to those who are assessed as eligible when assessed)
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8. Can the court change the settlement agreed? |
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Normally they would not do so. In the following circumstances they may:
- If the facts on which the settlement is based turn out to be incorrect
- If the circumstances on which the settlement is based change dramatically before the settlement is converted into a Court Order
- If the settlement is significantly unfair to one party.
- If one party has not had the benefit of legal advice, the other has and this has prejudiced the settlement.
- If the childrens’ interests are not protected by the settlement
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9. How long does it take and what does it cost? |
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Mediation is a much quicker and cheaper way of dealing with family disputes than going through the court. It is an alternative to the court process and only if it breaks down will you be able to obtain public funding for court proceedings.
- Mediation dealing with child only issues takes 1, 2 or sometimes 3 sessions.
- Property and financial issues, and All issues mediation take up to 4 sessions, or occasionally, 5
For many who are eligible for public funding, mediation is free. For those not eligible, the costs are:
Click here to view cost sheet. |
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10. What happens at the initial meeting? |
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The main purposes of the Initial Intake meeting are:
- For you to explain your situation to the mediator
- For the mediator to explain how mediation could work for you
- For the mediator to conduct as assessment for public funding to see whether mediation may be free to you
- For you and the mediator to decide whether mediation is suitable for you and your situation.
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11. What happens after the initial meeting? |
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- If you have attended alone, the mediator will give you information about when you will hear whether your ex partner wishes to attend mediation
- If you have attended with your ex partner, then you will discuss whether you both wish to proceed with mediation
- In either case, once both have had the opportunity to make a decision, a first joint session will be offered to you as soon as possible
Please Click here to contact us for further information or to make an appointment for an Intake Meeting |
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