Mediation: Questions & Answers
Mediation - who is it for?
What is Mediation?
Mediation and the Reading County Court
Is it confidential?
Do mediators give legal advice?
What will it involve for me?
What does it cost?
Will I be eligible for free mediation?
How to book an initial meeting?
Other Dispute Resolution Services


Mediation – Who is it for?
Couples who are ending their relationship, whether married or not. Also for parents who are already separated and wish to work out fresh arrangements to suit changed circumstances.

What is Mediation?
Mediation is a voluntary process for those who choose this way of resolving the issues that arise at the end of a relationship.

Mediation offers parents an opportunity to meet together with trained mediators, to consider the decisions and the arrangements that need to be made following separation or divorce. These may be arrangements for the children, who can benefit from the continuing interest and involvement of both parents. The arrangements will often include finance and property matters.

Mediation and the Reading County Court
Mediation can provide an alternative to the process of dispute resolution through the courts. In the case of applications to the court for Contact, Residence or Parental Responsibility Orders, the court will expect that applicants for such orders will have considered mediation, either as an alternative to making the application or as a means of arriving at an agreement which can form the basis of the order.
 
Is it confidential?

Yes. The service is independent and discussions are confidential.
 
Where the Legal Services Commission pay the cost of mediation on behalf of either client the mediation case file may be subject to audit by the Legal Services Commission. The Legal Services Commission are also are bound by confidentiality.

Although mediators may make notes during the mediation meeting these notes remain confidential.  It is only the decisions reached together and issues raised at each meeting that are written down in the form of an outcome statement and given to the clients.  At the conclusion of the mediation process the final decisions reached are recorded in a Memorandum of Understanding.  The contents of the outcome statements and the memorandum are not binding unless the couple choose together to convert the Memorandum into a legally binding agreement.

Do Mediators give legal advice?

No. The mediators can advise you of the benefits of receiving legal advice, particularly if you are using mediation to discuss property or finance issues. Mediators may suggest what will be the most appropriate point in mediation for you to seek advice. Solicitors able to  provide advice in relation to family matters are listed at the back of this leaflet. For other kinds of advice we will refer you to an appropriate agency.

What will it involve for me?

Mediation will involve you meeting together with your ex/partner and with mediators in a room at our premises in central Reading or Newbury.

Before this joint meeting takes place both you and your ex/partner will have the opportunity to speak in private to a mediator about the issues that you are prepared to discuss in mediation.
 
At a joint meeting the aim is to find common ground and work out solutions for your future. Mediation will ensure that any decisions are acceptable to you both. These meetings last about an hour, or up to an hour and a half, and it may be that you will want more than one. In the case of property and finance disputes there is always more than one meeting, as the first meeting is devoted to an explanation of the information that needs to be provided by each of you before negotiation can begin.

You will each need to be prepared to make a full disclosure of your financial situation during mediation.

Many clients find it helpful to receive legal advice on the property and finance proposals developed in mediation. In order to facilitate the provision of legal advice, Berkshire Family Mediation can, with your consent, forward a summary of your proposals to your respective solicitors.  

What does it cost?

Initial information meetings
At this meeting you will talk on your own to a mediator. There is no charge for this meeting.

Mediation meetings
Meetings are free if you are eligible for Community Legal Services funding. You may move on to a joint mediation meeting either immediately after the initial information meetings or on a later date. At such a meeting, in which you and your ex/partner talk together with the mediators about arrangements for your children, you will be charged £35 per hour per person.

If you move on to a joint meeting to discuss finance and property matters then we charge £70 per hour per person. If you are eligible for Community Legal Services funding then you do not have to pay.

Note: The costs quoted here are current at April 2008 and may be subject to change

The Legal Services Commission estimates the cost of dispute resolution through the courts as between three and four thousand pounds for a child contact/residence dispute and between two and five thousand pounds for financial matters depending on the situation.

Will I be eligible for free mediation?

Mediation is free to those eligible for Community Legal Services Funding. We can assess whether you are eligible at your initial information meeting.

Click here for a guide to see if you are entitled to mediation free of charge through the Community Legal Service funding scheme.
How to book an initial meeting?

The best way to contact us is by telephone on 0118 957 1159 so that we can arrange a suitable appointment for you but you can contact us by writing, phone, fax or email.

It is usually possible to offer an appointment within a matter of days. This is normally at our office in Reading but interviews can be arranged in Newbury if this is more convenient.

Once we have arranged either a joint or separate appointment for you, we will send you details of that appointment through the post.

We would appreciate 48 hours notice should you wish to cancel the meeting.

Other Dispute Resolution Services

Several firms of solicitors listed here are able to provide mediation service and some provide a collaborative law service. Collaborative law is similar to mediation but each party has their own solicitor who takes part in the negotiation meetings.

 

 
Joomla Templates by JoomlaShack Joomla Templates by Compass Design