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Mediation

How does it work?

Mediation is a voluntary, confidential and non-binding method of resolving disputes where a natural individual (a Mediator) listens to both parties and helps them to negotiate a settlement which both parties sign up to. The Mediator does not decide or judge the case but assists the parties to reach their own agreement through establishing genuine agendas and areas of common ground.

How can mediation help?


It is a very useful alternative to litigation and avoids argumentative and costly courtroom scenes.

It also reduces the stress which litigation poses and preserves a workable relationship between the parties.

Due to the experience of our mediators, mediation allows both parties to have a realistic look at their case and the result they are likely to achieve at Court which can lead to a settlement that is reasonable and flexible.

What types of family disputes can best benefit?

• Decisions about separation or divorce
• Arrangements for care of children including visits
• Housing and property matters
• Financial support and if appropriate clean break settlements

Where does it take place?
 

Mediation works best at a neutral venue and our Mediators have venues in Kettering, Leicester, Wellingborough, Higham Ferrers & Northampton.

When should people come?

People can come to mediation before, after or during any “dispute” – whenever there are issues to be settled between them.

However, there is now a new law.

A new pre-application protocol for family mediation information and assessment meetings is being introduced on 6th April 2011.

What does this mean?

This means that the family court now expects a mediator to consider whether your case is suitable for mediation before you can ask the court for an order concerning a child or to apply for financial provision.
How long does mediation last?

Sessions can range from 1 ½ hours through to whole day sessions and the number of sessions needed is dependent upon the nature of the problems. Mediation offers greater flexibility without a need to wait for Court timetables.

Is legal representation still needed?

Mediation is not a substitute for legal advice; it is a substitute to litigation. Whilst our Mediators are trained in assisting a settlement satisfactory to both parties they do not act for one party or the other. Some clients prefer to seek independent legal advice later on before agreeing to a settlement and others prefer to involve legal representation at an early stage.

What are the costs?

The charges for mediation are usually shared between both parties. There can be a fixed fee structure or a “pay for what you use” hourly rate.

In family matters either party may be entitled to legal assistance depending on financial circumstances which means a payment is not needed.
 

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