Mediation is a way of resolving disputes between two or more parties through a result oriented approach. The participation in a mediation process is a typically voluntary (possibly enforced by law) and confidential form of alternative dispute resolution. A third party, the mediator assists the parties to negotiate a settlement. This independent, impartial person helps two or more individuals or groups to reach a solution that is acceptable to everyone. More specifically, mediation has a structure, timetable and dynamics that “ordinary” negotiation lacks. The mediator can talk to both sides separately or together. Mediators do not make judgments or determine outcomes – they ask questions that help to uncover underlying problems, assist the parties to understand the issues and help them to clarify the options for resolving their difference or dispute. The mediator acts as a neutral third party and facilitates rather than directs the process. This means that the focus is on working together to go forward, not determining who was right or wrong in the past.
Mediation can occur in a number of different fields, such as commercial, workplace, family matters, community, legal or diplomatic activity. In addition to dispute resolution, mediation can function as a means of dispute prevention, such as facilitating the process of contract negotiation.
Important note: Mediation agreements concluded through a mediation process are accepted by courts and lawyers.
The typical mediation has no formal compulsory elements, although some elements usually occur:
The benefits of the mediation process include:
Here you can find some examples:
If you are married or in a civil partnership and would like to separate, divorce or dissolve your civil partnership, family mediation can help you to make arrangements to joint property, wealth or children. The accredited mediator is trained in all aspects of family law and able to provide you with information related to the legal process. When you go to a mediator you will be making your own arrangements that suit you in your unique circumstance. You will decide how to divide your property and wealth. You will decide what is best for your children and how you can work as a separated couple. Contact me to find out how mediation can help you in wealth separation. If you have married abroad and now wish to divorce then you can apply for a divorce.
Some married couples never get as far as divorce, but are happy to stay apart. All you need to do to be legally separated is to live apart. Officially, you can even be separated but still live under the same roof, if you arrange your household so that you no longer sleep or eat together and you do not do domestic activities, such as washing or ironing, for each other. If you separate for two years or more and both agree to the separation, this can be the basis for any future divorce. Contact me to find out how mediation can help you when you separate.
Separation and the impact on children can be a very complex situation. Children, as well as parents, feel the stress and confusion of separation. Many children feel angry, sad and frustrated about the prospect of their parents splitting up for good and are uncertain about what life will be like after their parents have moved apart. Your ability to communicate successfully with your children, meeting their needs, for safety and support, taking care of yourself and maintaining a civil relationship with your ex will have a positive effect on your children. Given the right support, your children will be able to express their feelings, grieve their loss, and emerge from this unsettling time as stronger and more resilient persons.
Children love their parents. My aim is to help parents stay in touch with their children because it increases their ability to communicate with each other. That doesn’t mean parents have to get on with each other after they separate. It does mean that they have to find a different way of co-parenting as a separated couple.