Family Mediation Services

Family Mediation is somewhat different to Civil and Commercial Mediation in that the family mediation is completed over a number of sessions on different days, depending on the circumstances of the parties to the dispute, for example, work commitments and so on.

The discussions are confidential as and between the parties and the mediator, save where there is a legal obligation to disclose same, for example child protection issues, money laundering etc.

The mediator is an agreed neutral between the parties, and will not give advice of a legal or other nature to any of the parties. The acquisition of advice is a matter for the parties themselves.

Selection of Mediator

The parties to the dispute, may with the assistance of their respective solicitors, agree the particular mediator. Each party to the dispute will then contact the mediator individually, to confirm their willingness to attend.

Mediation Information Session

The mediator will then arrange to meet the parties together, so as to explain the process of mediation to them, and for them to find out what’s involved in family mediation and if it is suitable for them. The structure of the process is explained, the agreement to mediate is explained, costs fees etc.

First Session

If the parties wish to proceed with the mediation, then the Agreement to Mediate is signed, a deposit paid and each party has a private confidential discussion with the mediator.

Second Session

Once the above is completed, and the mediation is proceeding, the Opening Statement of each Party is made (including one by the mediator), and a financial statement is drawn up and agreed, if appropriate.

Third session

The Agenda for discussion is drawn up, where each party highlights issues that are important to them and they wish to be discussed. This agenda is followed through to completion, when what has been agreed is drafted into a Memorandum of Understanding, which can then be taken to the respective parties solicitors for formalising into a legally binding agreement.

The above sessions may not be completed in the one day, and it will, in all likelihood, take several sessions to complete, over a number of days. Each session would last for a number of hours, depending on the wishes of the parties, and the sessions themselves can be spread out over a period of time that is suitable for the parties concerned.

Please also note, that the above description refers to the style and practise of McGill Mediation services. Other providers may offer a different style.

Co-Mediation

This is where a second mediator attends at the mediation sessions with the parties. Usually, in this situation the co mediators are a male and female. The addition of a co mediator has advantages for the process. International research indicates that in family mediation, the parties are best served when there is one female and one male mediator. In addition, the co mediators can observe more and can delegate duties. In effect, it is like what the old saying says; two heads are better than one.

FAMILY MEDIATION: WHY MEDIATE?

• Time Saving
  Disputes that go to mediation can be settled more speedily than a protracted court case.
• Preserve relationships
  There is life after litigation, and the parties to the dispute have to live that life after the Court process. Mediation helps the parties avoid a polarising Court process, and assists the parties to communicate afterwards and resolve their issues.
• Control
  The parties set the agenda, decide the issues that need to be discussed, and can decide for themselves what solutions best suit their circumstances. The parties can speak for themselves, in their own way, at mediation.
• Value for Money
  Mediation may be a more cost effective method of resolving issues than contested Court proceedings, as the parties have a high level of participation in the process, dealing with their own dispute, in their own time, and in their own way.

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