All parties who are in dispute with one another are encouraged to attend mediation. Mediation should be attempted before legal advisors are asked to negotiate on behalf of a party, or court proceedings are issued.

During mediation people negotiate directly with each other, with the assistance of a neutral third party, the mediator. The mediator’s role is to help both parties reach an agreement without taking sides or giving advice.

Couples will normally need to attend 4 to 6 sessions. The costs are often cheaper than asking legal advisors to negotiate on your behalf, and are far cheaper than issuing court proceedings.

The parties are more in control. This often empowers both parties allowing them to concentrate on making plans for the future, rather than dwelling on the upsets of the past.

All agreements reached at mediation are negotiated directly between the parties. Therefore, each agreement is specific to those party’s circumstances.

Full disclosure of both party’s finances and circumstances are an integral part of mediation.

While the mediation process is taking place parties are encouraged to seek legal advice regarding the implications of the decisions they are making. This ensures that they are aware of whether the court is likely to accept their proposed arrangements as being fair.

Mediation discussions are “privileged” which means that what is said cannot be used in court nor should it be disclosed to anybody else, other than to your legal advisor when seeking advice. The only time that “privilege” is waived is if anything is said which demonstrates that anyone, including children, could be in any danger.

Agreements reached at mediation are not legally binging. Therefore these agreements are usually incorporated into a separation agreement or consent order, whichever is appropriate in the circumstances.