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What Mediation Is Not

  • An attempt at reconciliation. However it is designed to improve communication between participants for the benefit of their separated family going forward.

  • Counselling. Mediatiion is an independent and impartial negoatiation process. A mediator can and should in appropriate circumstances provide details of counselling services.

  • A substitute for legal advice. The family mediator will most often suggest that each party takes legal advice. The lawyer mediators in particular will have the knowledge and expertise to provide even-handed legal information to the participants thereby often reducing the input needed by lawyers and consequently the overall legal costs.

  • An opportunity for one party to abuse the other. Safeguarding checks are carried out prior to entering the mediation process and safeguarding runs like a thread through the process and issues of power imbalances and abuse are aspects on which the mediator will be looking out for at all stages. Mediation will be terminated if it starts to become abusive.

  • Legally binding. The mediation process is not legally binding of itself, but the outcome can most often be converted into a legally binding agreement or indeed a court order by the parties’ own solicitors.

Mediation    Mediation Overview    What Mediation Is    The Benefits    How Long, How Much?