What is a mediator?
A mediator is a neutral third party who is there to help to manage your discussions, to make sure that you each have a chance to put your views forward and to help you to reach agreements, where possible, about your children and your finances. The mediator does not take sides and does not offer legal advice. Our mediators are all fully trained by recognised professional mediation organisations and are required to keep their training up to date each year.
How do I start mediation?
If you would like to find out more about mediation please call us on 01223 576308. We will explain that you can come for an initial assessment meeting, either on your own or jointly with your ex-spouse or ex-partner:
o If you come on your own and decide that you would like to try mediation, then we will contact the other party to invite them to come in for a separate assessment meeting
o If you come for a joint assessment meeting the mediator will spend some time separately with each of you and then time with both of you together. If you both decide that you do wish to proceed with mediation you may be able to carry on into your first mediation session on the same day, provided that this possibility has been discussed and arranged in advance with the mediation service.
How much will it cost?
Some clients may be eligible for free mediation if they qualify under the criteria set out by the Legal Services Commission (LSC) for publicly funded mediation. If you wish to be assessed for free mediation you will need to bring evidence of your monthly income and expenditure to your initial assessment meeting. If you do not qualify for free mediation then you will have to pay a fee based on our fee scale (see Charges).
Mediation sessions must be paid for at the end of each session, by cheque supported by a cheque guarantee card or by cash. We do not have the facilities to process credit cards or debit cards.
How long is each session and how many sessions will I have to attend?
Each session lasts for 1.5 hours. You will probably need to attend between 1 – 5 sessions, depending on the number and complexity of the issues that you need to discuss.
Will I still need a solicitor?
Yes, you will still need to instruct a solicitor. The mediator cannot give you legal advice.
Is it confidential?
Yes, mediation sessions are all confidential and legally privileged. This means that, even if you do end up in court later on, the judge is not entitled to ask about the conversations that took place in mediation sessions. However, there are 2 exceptions to that confidentiality:
- If the mediator feels that either of you, or any children involved, are at risk of serious harm then the mediator will have to report the matter to social services and/or the police and mediation will have to stop
- If the mediator finds any financial irregularities, (for example people receiving income upon which they are not paying tax when they should be, or people receiving benefits they are not entitled to) then mediation will have to stop
Who will attend mediation sessions?
Only you and your ex-spouse / ex-partner will attend all mediation sessions with the mediator. No-one else will be able to be present unless there are exceptional reasons and this has been agreed in advance with the mediator.
Can the children attend mediation sessions?
The children are not included in ordinary mediation sessions. However, sometimes the mediator may be able to see children separately for a one-off meeting (called ‘Direct Consultation with Children in Mediation’ ). This would be suitable for children aged between about 9 and 18 who would benefit from talking to the mediator about how they feel about their family situation and what practical arrangements they would like their parents to consider putting in place for them. However, this type of meeting can only happen if both parents consent and the children wish to come and it has to be set up very carefully. It is not child counselling (for the child counselling service offered by CFMS please click on the ‘Counselling’ button).
Will our agreement be legally binding?
No. Any agreements reached during the mediation sessions will not be legally binding. If you wish to make your agreements legally binding then you will have to instruct your solicitor to do this for you.
What if the court has already been involved? Can I still come to mediation?
Yes. You can come to a mediation assessment meeting at any point in a legal dispute, provided that the circumstances of your case are suitable for the mediation process. Indeed, many courts actively encourage people to try to resolve the issues between them outside the court process wherever possible.
What if there has been domestic violence or abuse in our relationship?
If there has been domestic violence or abuse in your relationship it is important that you tell the mediator about this in your initial assessment meeting. If the violence or abuse has been very serious the mediator may decide that your case is not suitable for mediation. However, there may be cases in which the level of violence or abuse may not rule out mediation. This is a matter for the mediator to consider carefully in each case before deciding whether or not to proceed with mediation.
Do I have to attend mediation?
People who wish to have public funding (legal aid) through a solicitor to sort out their family disputes are required to come to the mediation service for an initial assessment meeting before their solicitor can apply for further public funding to act for them. However, after that initial meeting they do not have to proceed to mediation unless they wish to do so. For anyone else, there is no compulsion to come to the initial assessment meeting. The mediation process itself is completely voluntary.
What will happen to my mediation file after the process has finished?
Your file will remain locked up in our confidential filing system for 6 years after your mediation has finished. After that it will be destroyed.
How do I complain about the mediation process?
Please contact us if you have any complaints about the mediation process.
