Family Mediation
The mediation process
The first important point to remember is that any discussions you have during the mediation process are confidential and legally privileged. This means that neither of the parties can subsequently use the information gained during the mediation process except in discussions with their legal advisor.
If the parties are attending mediation to resolve issues related to their separation and divorce; each party has an initial meeting of between 30-60 minutes during which process of mediation is explained and the mediator assesses whether mediation is appropriate for the divorcing parties. At this initial meeting any safety concerns can be mentioned to the mediator. The family mediator can then discuss with each person whether meetings together in the same room or separate (shuttle) meetings will be appropriate for the mediation sessions. This first meeting also provides an opportunity for both parties to raise any issues they feel need to be resolved during the mediation process. The family mediator will provide the parties with a list of documents and other information which may be needed for the mediation.
The following information is relevant for all family mediation situations:
- As mentioned earlier, mediation is a voluntary process. It offers the opportunity for the concerns and objectives of both parties to be discussed. The parties can gain clarity about the issues they agree on and those where they need to explore options and make informed choices. Each party will benefit for having a flexible approach to the discussions and to being prepared to make some compromises; they are always some compromises needed in what is an uncomfortable situation for all those involved.
- Taking any unresolved disputes to court remains an option for both parties but, the court process takes time, is expensive and the court then makes the decisions; in other words individuals often lose control over the outcomes once the courts get involved in the decision making.
During the mediation sessions the mediator will help individuals:
- Discuss options
- Help you both negotiate to reach decisions that are mutually acceptable
- Feel safe and ensure there is an opportunity for each person to have their say
In mediation related to separation and divorce the family mediator will draw up two documents at the end of the mediation process.
In mediations related to other family matters the parties may wish the mediator to produce a document which confirms the conclusions and actions agreed during the mediation process.
