What is Mediation?
Mediation is a confidential non-aggressive, conciliatory forum used in many legal practices,including family law. It is a safe space within which couples may navigate their separation, with the assistance of a mediator. Priya Palanivel is a practising family solicitor who runs a busy case practice advising clients.This complements her mediation practice by supporting couples and understanding how to achieve solutions and outcomes which would ultimately be upheld and endorsed by the court system. Her day-to-day knowledge of the court system enables her to assist couples in reaching the right outcomes for their families.
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How much does mediation cost?
We offer a bespoke mediation service and therefore the cost will vary depending on what your family’s circumstances are. Please contact our Mediation Co-ordinator,Grace Thurbin, who will initially deal with your mediation query. You will have the opportunity to speak with our mediator, Priya Palanivel, on a one-to-one basis to gauge whether mediation is appropriate for your family’s circumstances. This session lasts up to 30 minutes and is separate from the joint sessions with your spouse/partner. The cost of the joint sessions will be shared between the couple per hour.
How long does it take?
That will depend on your circumstances. In some circumstances couples are able to successfully reach an agreement within a couple of sessions. Other couples find they need ongoing mediation support to create dialogue and come to proposals that work for their family, particularly if any intermediary/third party or family members’ involvement is required. On average, this could take five to six sessions.
Is it private?
The mediation process and what is discussed is private and confidential. Any financial disclosure which takes place within the mediation forum is subject to the usual obligations and will be admissible in any future court proceedings which may take place. Discussions and proposals are not disclosable without the parties’prior consent. Mediation is often the forum that is desirable for separating couples where discretion and confidentiality is of upmost importance.
Is it legally binding?
If you reach an agreement in mediation, it is not
automatically legally binding. However, it becomes so once the agreement is reflected in a consent order and then approved by the court.
Do I need a separate lawyer if we decide to mediate?
No. But the mediator cannot give either individual legal advice; the mediator must remain impartial and neutral. The mediator’s role is to encourage you to take independent legal advice outside and in parallel with the mediation process,but this is not compulsory, and many mediating couples choose not to do so.
Does the mediation process have to be face-to-to?
No. Mediating couples can choose to either have face-to-face sessions in the same room or engage in remote mediation over Teams/Zoom. We also offer shutter mediation,where each party occupies a separate room and the mediator moves between them.
Is mediation the right forum for me and my family?
Mediation is a private and confidential option which supports families in maintaining control of their future lives once separated. Separating/separated couples can work together to decide how to spend time with their children and divide their assets. The benefit of using mediation is that it enables separated couples to maintain a healthy and working ongoing co-parenting relationship once permanently separated or divorced. This empowers them for the future.
For any query or further information on the matters covered in this insight, please contact family@sheridans.co.uk.
