FAQs and Resources

Mediation is a voluntary process designed to assist separating couples reach agreement on any issues which may arise between them as a consequence of their separation.

The mediator is a specially trained family lawyer. Their role is to assist the couple with their discussions and to provide legal information. They will not provide legal advice. If they believe that either of the couple requires individual legal advice they will draw this to their attention during the process.

If a lawyer from Blanchards Family law is instructed by an individual, a mediator from the same firm cannot be instructed by the couple. If neither participant  has a lawyer then we can assist with recommending lawyers or refer you both to a firm that offers One Couple One Lawyer. Sometimes we will prepare the paperwork for the court to finalise any agreement proposed at the conclusion of the process.

It is useful, although not essential, to have an initial meeting with a family lawyer prior to the first mediation session so that you have received some advice from your own perspective. It is important to retain a solicitor during the process to advise if necessary along the way and to draft the necessary documentation at the conclusion of the process.

The proposals identified at the conclusion of the mediation process will only become a binding agreement when both participants have had an opportunity to take independent legal advice and the intention to create a binding agreement has been subsequently communicated – ideally in writing.

The mediator is an impartial facilitator who is not acting specifically on behalf of either participant. It is vital that the court process is handled by a lawyer acting either for the couple or each individual so their interests are completely protected. This is not a role which could properly be fulfilled for both (or either) participant by the mediator and indeed their professional regulations prevent them from doing so, even where they may have drafted a simple Consent Order.

The mediator may have to read documents prior to a session or prepare a summary after a session, which work will give rise to an additional charge at the mediator’s hourly rate. The majority of the work however takes place during the mediation sessions.

Usually the couple will attend mediation on their own as this is most cost effective. The mediator is trained to manage the session and deal with any possible power imbalance or other potential issues. If necessary however lawyers may attend the sessions, to advise in real time on proposals.

Even the most hotly contested, contentious matters can be resolved through mediation. No level of initial agreement is required.

If you would prefer not to be in the same room as your partner/spouse mediation can take place on a ‘shuttle’ basis. Arrangements would be made for you to arrive at and leave the office separately, at slightly different times. The mediator would speak to you each in turn and pass between you. It is possible for you to subsequently decide that you would like to sit in the same room, but  this would only be the agreement of both. If you would like to bring someone along to the shuttle mediation for support this is possible by agreement. The identity of the person attending must be provided in advance. The sessions are necessarily longer than ‘face-to-face’ mediation giving rise to a slightly higher cost. Full details can be supplied on request.

It can work very well to have mediation online as this reduces travel time and childcare costs. It may also reduce the need for shuttle mediation as you will not be in the same room as your former partner. This enables there to be better discussions directly between the participants but in a ‘safer’ environment. MIAMs are commonly undertaken online.

You will need to both undertake to not record the sessions and be in a private and confidential environment where you are safe from disturbances.

The cost of mediation is usually paid in equal shares but can be met in whatever way the couple may agree.

Under the court rules each party should attend a mediation information and assessment meeting (MIAMS) prior to the issue of a court application except in exceptional circumstances. Mediation can however be commenced at any stage, even if court proceedings have already been issued and, if appropriate, the court process can be adjourned to allow mediation to continue in its place.

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