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What you need to know before considering mediation

By 08/07/2018 No Comments
by Sarah Brookes
Brookes Family Mediation

The mediator will not tell you what to do or make any decisions for you
The mediator’s role is to support you both towards reaching joint decisions, on the issues that you each identify as needing resolution. Whilst the mediator will help you to reality test any proposed agreements; to ensure that they will work as intended, in meeting and protecting each of your needs; they will not seek to influence the final decisions that you make. You will be supported to jointly take responsibility for the shape of your future. This approach reduces conflict and minimises the need to compete; unfortunately, the exact opposite is true of court proceedings. It is for this reason that mediated arrangements have proved less likely to break down than court ordered arrangements.

Mediation is more likely to be successful if you keep an open mind
Whilst it is helpful to give some thought to what you would like to achieve through mediation; you will also need to be able to consider ideas and proposals put forward by the other person. This approach enables all options to be explored, in order to find the best solutions for you both. Agreement is usually reached quickest when both people feel that they have been fully and equally involved and listened to within the process.

A mediator does not make moral judgements
Mediation is not about raking over the past to decide who was right and who was wrong. It is about dealing with the here and now, and the practical arrangements and decisions that need to be made, to enable you both to move forward in the best way possible. The mediator will remain impartial and committed to helping you both equally, throughout the process. Emotional outbursts are fairly common within mediation, and will not affect the mediator’s ability to remain entirely impartial.

A mediator is not a passive observer
The mediator will take an active part in your discussions, and whilst they will not give advice, they will often make suggestions, flag up points that have not been considered, and give relevant information. Where necessary, the mediator will also refocus the conversations, to ensure that they are constructive and moving forward towards solutions and agreements.

Where there has been domestic abuse, mediation may still be
the best option
It is the mediator’s duty to provide a safe environment where you are able to freely express your views, without fear of harm. If you do have concerns relating to your safety, the mediator will be able to asses and advise as to whether or not mediation is appropriate in your circumstances. If you don’t feel able to sit in the same room as your former partner, mediation can take place on a ‘shuttle’ basis, which is where you will sit in separate rooms, with the mediator moving between you. The mediator will usually also arrange staggered arrival and departure times. There is even the possibility of mediation taking place through Skype, so that you do not have to be in the same building.

Sarah Brookes spent 16 years working as a family lawyer in Eastbourne, before setting up Brookes Family Mediation. Sarah is passionate about the benefits of mediation. If you are uncertain about whether mediation is right for you, or if you have any questions, give Sarah a call on: 01323 411629 or email her: sarah@brookesfamilymediation.co.uk
Or for more information go to: www.brookesfamilymediation.co.uk