Mediation is a way of easing the process of divorce and separation permitting the mediating couple to feel in control of the decisions which may need to be made. The Mediator assists in the identification of areas of dispute, can give information and helps create mutually acceptable solutions to produce a settlement acceptable to both parties. The Mediator has no authority to make any binding decisions but uses various procedures, techniques and skills to help the parties to resolve their disputes by negotiated agreement.
Mediation is offered on an “all issues” basis, concerning both financial arrangements and/or matters associated with children.
In this process the couple each retain their own lawyer to advise. However, the lawyers’ approach is different in that whilst they are still there to protect their client’s interest and to advise they also take an overview of the whole situation including that of the children and endeavour to broker a fair settlement taking everything into account. They will not give examples and markers of the best and worst case scenario thereby avoiding the negotiations becoming a battleground but will approach on the basis of what would be a fair and reasonable settlement.
The following short film explains the collaborative process in more detail
Civil and Commercial Mediation
Commercial and civil mediation is a flexible and confidential process. Its use has grown over recent years, to some extent driven by the Courts who now regularly encourage the parties to attempt to resolve their differences through mediation before continuing the litigation through the Courts. There can be costs penalties for the party who refuses to consider mediation.
Referring Solicitors are invited to complete the following form and submit it by fax to 01962 844501 or by email to firstname.lastname@example.org
Mediation referral form Shentons Mediation Services Referral Form Nov 13