Mediation – Frequently Asked Questions
1. Is Mediation a soft option? – Absolutely not!
Mediation is not simply an option for those couples who are on good terms with each other, it can suit a variety of circumstances. Mediation is aimed at all couples including those with very sophisticated financial arrangements, including overseas property, school fees, pensions, businesses and complex children matters.
At Harrison Clark Rickerbys we offer experienced mediators who are trained lawyers with years of legal experience between them. They have encountered many different scenarios, whether in the mediation process or in their traditional solicitor’s role. Consequently, mediation has proved to be very positive in supporting separating couples and with a successful outcome, you reach your own decisions and that can only bode well for future relations.
It also means that a court will not been imposing its decision upon you both, often to your joint dissatisfaction!
2. I would be concerned to mediate as my partner is a skilled negotiator and very dominant and I am not very confident.
If you have such concerns you can bring them to the attention of the Mediators at the outset and they will then ensure that the process is balanced for you both. Our experienced Mediators will make sure they create the right environment in which both partners can feel comfortable and encouraged to participate in the process. They will go at your pace and ensure that you are both well informed and enabled to have your say. No decision will ever be forced upon you by the Mediators looking after your case.
If the Mediators do not feel that this can be achieved they too can bring the mediation process to an end. We offer co-mediation with the advantage of having experienced male and female Mediators bringing a unique balance to the process. We also offer mediation with a sole mediator.
3. What if I feel the Mediator favours the other party or can be persuaded easily?
Sometimes people are worried that Mediators will be partial to one or the other of the parties or influenced by them. Given the years of experience our Mediators have, they are able to act impartially in a constructive way and have the skills to guide you both through your difficulties.
4. I would be concerned about getting stuck in a mediation process, over which I will have no control
That ought not to happen. You both set the agenda and you can both openly discuss any concerns you have with the Mediators and if, when entering the mediation process you decide it is not right for you, it can be brought to an end without any adverse consequences. It is certainly far better than getting stuck in any lengthy litigious and extremely costly court battle, where decisions are made beyond your control.
5. What is the Court’s view of mediation?
The Family Procedure Rules changed in 2011 and imposed a positive obligation on parties considering court action on either financial or children matters to attend a meeting with a Mediator.
Often parties find themselves in court without realising that there is an alternative cost effective way of resolving their disputes. The court positively encourages mediation.