Mediation Solicitors
When a relationship breaks down and it leads to a dispute, we can help to quickly resolve things through our mediation services, for either you, your family or business.
Civil Mediation, Family Mediation, Business Mediation and Corporate Mediation is becoming increasingly popular, why go through the pain of the courts, with a potentially long and drawn out procedure, when you could bring a case to an agreed conclusion through mediation.
Family Mediation
Family mediation offers a way to resolve disputes without hefty legal expenses or prolonged courtroom battles. Professional mediators specialize in guiding discussions, especially when relationships have ended or when there’s a need to address matters after a separation. They focus on finding agreements between parties without aiming to reconcile former partners. Mediators attentively listen to both sides, aiding in reaching mutual understandings and agreements by facilitating constructive communication between ex-partners.
What is family mediation?
Family mediation is a process where a neutral third party, known as a mediator, helps family members in conflict to communicate, negotiate, and resolve issues in a constructive manner. It’s commonly used for various family disputes such as divorce, child custody arrangements, property division, or disagreements between parents and children. Mediators facilitate discussions, encourage understanding, and assist in finding mutually acceptable solutions without taking sides or making decisions for the family. The goal is to reach agreements that work for everyone involved while promoting better communication and minimizing conflict.
What can I use family mediation for?
Family mediation can be used for various purposes within family dynamics, including:- Divorce or Separation
- Parenting Plans
- Family Conflict Resolution
- Estate Planning & Inheritance
- Communication Improvement
- Blended Families
General Mediation
Mediation is a much faster and cheaper option than going to court. Mediation has been around a long time and before the recent lockdown would be carried out at an agreed venue (a solicitors or a hotel, but not at court) with each side in separate rooms and the Mediator shuttling between you helping you find that compromise acceptable to you both.
If agreement is reached, that will be written down there and then, signed by both sides and can then be sent to the Court to be sealed. It will have the same authority as any other Court Order and as long as the agreed terms are then carried out, it brings the formal Court case to an end.
How does Mediation work?
It does not matter if you are bringing or defending a claim, you will need both sides willing to see if agreement can be achieved using Mediation.Whether it is Business Mediation or Mediation over a Will or Probate, the process is where a third party appointed by both sides works to facilitate an agreement on how both can bring the case to an end. The decisions are all made by the parties themselves with the assistance of the Mediator, so the control of what is and is not agreed is fully in your hands. The Mediator does not give legal advice and does not make any final decision.
In the Court process the final decision is made by the Judge and that is binding on the parties, even if neither side is particularly happy with the outcome.
How much does mediation cost?
Both sides share the cost of the Mediator on a 50/50 basis. If you have solicitors and want them to assist you in the Mediation, you pay their costs yourself.
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Frequently Asked Questions
Find answers to your most pressing questions about our services and processes.
Is Mediation better than going to court?
Mediation is a much faster and cheaper option than going to court. Mediation has been around a long time and before the recent lockdown would be carried out at an agreed venue (a solicitors or a hotel, but not at court) with each side in separate rooms and the Mediator shuttling between you helping you find that compromise acceptable to you both.
If agreement is reached, that will be written down there and then, signed by both sides and can then be sent to the Court to be sealed. It will have the same authority as any other Court Order and as long as the agreed terms are then carried out, it brings the formal Court case to an end.
Mediation, but still no agreement?
In the event that the route of mediation does not result in agreement, the Court case will continue in the normal way but nothing said in the Mediation can be referred to in that Court case. This enables frank discussions to take place and offers to be made and revised without fear of that being used against you in Court later.
What is MIAM?
MIAM stands for Mediation Information and Assessment Meeting. A MIAM is a meeting you have to attend before going to court for family-related issues like divorce or child custody. In this meeting, a mediator explains how mediation works, its benefits, and whether it’s a good option for you. They check if mediation could help solve your problem before going to court. It’s a chance to consider a peaceful way to sort things out instead of going through a legal process right away.
Please note: We do not offer MIAM at Herrington Carmichael.
How long does mediation take?
The length of time for family mediation can vary from case to case. For example, an issue on parenting arrangements for Christmas or holiday may only take one joint mediation session, whereas a complex discussion about divorce may take several joint mediation sessions.
Who pays for mediation costs?
The mediation costs is usually an agreement between the parties. You may choose to split the fees between you, or work out a financial balance that you are both happy with. Some couples may only agree to go to mediation if the other party pays or if they reach a financial agreement.
Can mediation save money?
Often mediation is cheaper than litigation. It is very important to take legal advice at the end of the process to make sure what you have agreed is made legally binding, the parties can limit their legal costs by doing the hard work of getting to an agreement during the mediation process. This allows them to preserve monies that may have been spent on legal fees for the benefit of the family and their future.
Is Mediation confidential?
Discussions during mediation are on a ‘without prejudice’. This means if mediation is not successful what has been said cannot be repeated in Court proceedings. As a result the parties can feel free to have a completely open and frank discussion about potential settlement options and not fear, as many people do in negotiations that they need to keep their cards close to their chest.
Can I include my child in mediation?