Mediation is a way to settle disputes without going to court. It is a private and confidential process. The mediator helps the parties come to a mutually agreeable solution. It can be used before or during legal action.
A mediator is an impartial person who facilitates a conversation between the disputing parties. It is a voluntary scheme for civil/commercial and workplace mediation and providers. Members must abide by a Code of Practice and a complaints procedure.
Costs
Mediation can save you money and a lot of stress. It can also be much quicker than going to court. And it’s cheaper than a solicitor.
You can claim mediation costs from the government if you qualify. This is called legal aid. However, you must attend a Mediation Information and Assessment Meeting (MIAM) before you can get legal aid for mediation.
The cost of the MIAM is PS100+VAT. This covers the time of the mediator and some administrative costs. It’s important to understand the fees before you start the mediation.
Once the mediation is completed, you will need to prepare a document recording your agreement. This will usually be a Memorandum of Understanding and, if you have entered the mediation to discuss child arrangements, a Parenting Plan. There may be additional documents required depending on your individual case. All of these can be discussed with your mediator and will be reflected in the cost quoted to you.
Time
Mediation is voluntary, but courts often ask parties to consider it because it has a good chance of ending the dispute quickly and efficiently. This saves time and costs for everyone involved and reduces the pressure on court caseloads.
During mediation sessions, you and your ex-partner will discuss the issues of concern to you both. The mediator will help you create an agenda and prioritise topics for discussion. The mediator will also help you identify areas of agreement and disagreement, enabling you to explore and come up with solutions.
The mediator will assist you to find a solution that is mutually acceptable, taking into account legal principles. They will not take sides, offer legal advice or reveal confidences, but they will share their experience of the law and of other cases in a similar situation with you. They can also signpost you to services and other sources of information and advice if needed. They can also prepare a Memorandum of Understanding for you and an Open Financial Statement (if there has been a financial element to your mediation) for you both.
Confidentiality
While going through court can be a very public process, mediation is not. During the course of mediation, you will have private sessions with the mediator who can help both parties come to a resolution that is in everyone’s best interests.
The mediator will also explain legal principles and identify various options. They can then discuss these with you and your ex partner to find a solution that you both can agree on. In addition, mediation is normally much cheaper and faster than going through court.
Confidentiality is central to the success of mediation, both in the joint sessions involving all disputants at the mediation session and in the private caucuses (where the mediator has separate discussions with each of the disputants). It is good practice to put confidentiality provisions into a mediation agreement and to stamp any correspondence arising from the mediation with words such as “confidential mediation communication”. This will increase the likelihood that those assurances will be observed.
Expertise
A good mediator will understand the strong emotions that can be generated when people are in dispute. They are also expert communicators who can build trust with the parties and help them find solutions that would not be possible in court. They can be used in a range of disputes and conflict situations, from domestic violence and neighbour problems to more extreme terror and siege scenarios.
Mediation is a confidential process and what is said during mediation can only be used in court if both parties agree to it. It is usually a less expensive and quicker option than going to court. In addition, you have more control over what is said and can agree on a solution that suits both sides.
Many mediators work as freelancers, and the availability of employment varies across the country. Some are employed by mediation services, and others work as part of a legal or public service career. It is also possible to become a management level professional within mediation services, but this requires specific experience and qualifications.mediation uk
