Mediation is a process designed to assist separating couples resolve any issues between them without resorting to a contested court application.

The process has a number of potential benefits:

1. It can be quicker than contested proceedings
2. It is often cheaper than a disputed court application
3. The pace of the process and outcomes are controlled by the parties – instead of a court imposed timetable and outcome
4. Whilst mediation may involve a brisk bargaining process it is often less confrontational than the court process – very important in family cases where preserving future working relationships for the benefit of the children is often vital.

Mediation is a process by which a qualified and strictly neutral third party effectively chairs discussions direct between parties.  It can be used to resolve any issue – for example, concerning divorce, children or financial issues.

The mediators role includes ensuring

• That there is a level playing field and that each party has an opportunity to freely set out their case.
• That the parties focus positively on achieving outcomes which reflect the parties needs
• Mediation is often said to “take place in the shadow of the Court” – and so there is emphasis upon parties candidly disclosing their position.

It is important to understand that:

Mediation is a voluntary process and either party may always withdraw at any time.

A mediator’s role is simply to help broker an agreement – they are not permitted to impose an outcome (only a judge may do this) nor are they permitted to provide legal advice.  It is important to seek independent legal advice during mediation.

Any agreement reached during mediation is “privileged” which means that it may not be disclosed to a court until each party has been independently advised.  The normal procedure is for the mediation agreement (known as a Memorandum of Understanding) to be converted into a draft consent order by the parties solicitors which then becomes binding.

Mediation is not suitable to every case for example, including cases involving alleged dis-honesty or where one party has intimidated the other.

Lawson Lewis  have two solicitors who trained as Mediators, Simon Dodds and Jeremy Sogno who are pleased to be able to offer a specialist family mediation service. 

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