The mediator will assist all people involved in the argument/dispute to think of different possibilities to resolve the disagreement. Most importantly because mediation is voluntary service you can withdraw from mediation at any time.
The cost of mediation is £200 per person. Family mediation (child or financial) on average 2-3 sessions costing £400-600 per person in total for mediation through to completion. Civil mediation on average 1-2 sessions costing £200-£400 per person. Legal aid can be considered for those that meet the criteria for support with mediation costs. All parties can walk away from mediation with the dispute resolved and with a settlement/proposal document in your hand. The settlement document can be attached to a court application and turned in to a legally binding court order where appropriate.
Court is considered more formal than mediation where time is limited for discussion and hearings numerous on days and times directed by the court. The judge has the final say which is legally binding. Click here for more information. The cost of court applications and solicitor representations per person on average is £3,000 with the costs continuing to rise with barrister representation in court. Financial remedies court proceedings can escalate up to £30,000 dependent on the complexity of the case and whether it includes child arrangements.
Family and civil mediation is confidential and what is agreed remains with those involved only. If all people in the disagreement can agree on a way forward a proposal is signed by all. Mediation empowers you to make your own decisions. In the case of child arrangements and financial remedies issues a proposal of settlement can be referred to your appointed solicitor who in turn can make an application to court for a court order making your agreement legally binding.
Mediation involves a number of sessions which is a mixture of one to one with a mediator and joint sessions altogether. Time and dates are agreed by all. Mediation provides all in attendance equal time to discuss the issue in depth. Family mediation normally 2-3 sessions of an hour to an hour and half in length and civil mediation (workplace, community, SEND) 1-2 sessions.
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Family disputes require attendance at a MIAM before any court applications can be made. A MIAM (Mediation Information Advice Meeting) is the first mediation session. This is where you meet the mediator for the first time for a brief discussion about the situation and whether mediation is suitable. Mediation is not suitable in cases of domestic violence and/or child abuse. The mediator will also provide you with information about alternative ways to resolve your dispute and costs of mediation if you choose it as a suitable option. A court application may be deemed necessary If mediation is unsuccessful.
Mediation involves a neutral person to sit with those who are in dispute/argument. The neutral person is a qualified mediator who is trained in conflict resolution.
The mediator does not judge or impose a solution but helps all people concerned to work towards a mutually satisfactory outcome and where appropriate formalised in to an official agreement signed document.
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