What is Family Mediation?
Family mediation explained, by a dispute resolution company in Worcester
Family mediation is an excellent way to solve disputes amicably, and relates to issues surrounding family breakdown. An impartial mediator encourages the parties involved to explore issues and concerns, with the aim of achieving consensus and reaching mutually agreed decisions.
Mediation versus litigation
Mediation services in Worcestershire are readily available from a reputable local firm and provides family members with the opportunity to discuss their issues face to face; they can work through them in the presence of an impartial facilitator, and avoid misunderstandings and tensions that can arise when negotiations are placed solely in the hands of legal representatives. Participants can take agreements made during mediation to solicitors, who will then draw up a legal framework to make the agreements legally binding.
How can mediation in Worcester help you?
Any mediation process is tailored around the issues that you need to discuss and resolve. Both parties work together with their mediator to clarify the issues, and then work to find common ground within this framework.
Common issues raised during mediation include divorce, separation, arrangements for children and division of finances or any property. Resolution of these issues often involves sharing fairly complex financial information on each party’s financial situation, such as income and expenditure; this can be incorporated into a financial agreement which suits both parties, and also makes provision for any children within the family unit.
The four principles of mediation
There are four basic principles of mediation. Mediation is impartial, decision-making rests with the participants, the process is confidential unless issues are raised surrounding child protection, and the process has to be entered into voluntarily. Below, these principles are examined in a little more detail.
Mediation is voluntary
Both parties entering family mediation need to want to engage in mediation, and can terminate the mediation process at any point. Mediation is a voluntarily process, and although courts encourage families to attempt mediation before engaging in litigation, it is never something that can be imposed on family members, and in certain instances will not be an appropriate course of action.
Mediators will always be impartial
A mediator maintains a neutral position in any family mediation process, and will not take sides or give advice. Their role is to guide discussion in an attempt to achieve resolution of the issues, and also to present legal frameworks that the parties need to consider and work within.
The mediation process is confidential
Any information shared during family mediation cannot be referenced in a court of law, if the mediation process does not achieve resolution, and litigation follows. Information shared by each party remains confidential. There are very few exceptions to this principle, which relate to child safety issues, and in rare instances to counselling and legal directives.
Decision-making remains yours
Nothing will be decided by your mediator. They simply help you work towards resolutions you agree you would like to take forward. Any decisions you reach will only become binding if you ask a lawyer to incorporate them into a legally-binding document.
To read more on Family Mediation you may wish to read our resources on The Family Mediation Council and CAFCASS.
For more information on family mediation in Tewkesbury, Cirencester, Cheltenham and Worcester, or to discuss mediation services in Hereford and any of the surrounding districts, email or call Access Mediation Services info@centreforresolution.co.uk 01905 330055.