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Divorce and Family


Mediation

We are committed to resolving disputes through mediation wherever possible. This avoids the time, expense and anxiety involved in legal proceedings. We will assess your circumstances and will refer you to mediation where ever we consider appropriate. We have developed established links to a variety of mediation services.

What is mediation?

Mediation assists those involved in family breakdown to communicate better with one another and reach their own decisions about all or some of the issues arising from separation, divorce, children, property and finance.

A Mediator can help you reach decisions by acting as independent third party. It is an alternative to solicitors negotiating for you or having the Court make decisions for you. Entering mediation is always voluntary. Mediation is not counselling and there is nothing stopping you seeing a counsellor while you are using mediation.

Is Mediation suitable for all couples?

Mediation is not always suitable although it always worth considering. Some situations where mediation may not work are:

* where there has been domestic violence
* one of you can't look after your own affairs
* one of you refuses to negotiate

Will I still need a solicitor?

You will need a solicitor to advise you on the personal consequences for you of your proposals. You will both need to seek independent legal advice throughout mediation or at the end of the process. We will explain the consequences of your proposals and draft a Consent Order, which will be registered with the Court. Your agreement will then become legally binding.
How does it work?

Trained mediators will help you and your partner identify what issues you cannot agree, and will help you come to an agreement. Mediators will help you to:

* focus on the issues
* communicate effectively
* find fair solutions
* explain the process
* help you identify the issues and what you want to achieve from the mediation
* ensure that both you and your partner have your say
* negotiate an outcome
* work out priorities
* find some common ground
* make a summary of the points you agree on

The number of mediation sessions required will vary from couple to couple.

The mediators job is to act as an impartial third party and manage the process, and will help you to exchange information, ideas and feelings constructively and ensuring that you make informed decisions. It is not the mediator’s role to enforce his/her views on you or make any agreement on your behalf.
Will the mediator talk to the children?

You will have valuable knowledge and information about your children’s needs, wishes and views. It is unusual for a mediator to have a meeting with your children but a mediator is able to do so, if you and your partner require. Such a meeting will inevitably require a great deal of planning and sensitivity.
How Successful is mediation?

Mediation is successful in approximately 65 % of cases. Research indicates that most couple feel that they are able to communicate far more effectively with their former partners after mediation. This is particularly important where children are concerned.
How much does mediation cost?

The cost of mediation will vary depending on who the mediator is. Your Mediator will explain the costs involved in mediation at the beginning.

 

14-16 Ewell Road | Cheam Village | Sutton | Surrey SM3 8BU | Telephone 020 8661 0000 | Fax 020 8661 0110
E-mail enquiries@arorabailey.co.uk