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Family Mediation |
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| Click on the team page to find our who our Family Mediation specialists are |
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| Q. |
Is family mediation the same as marriage guidance or Relate? |
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| A. |
No, family mediation is designed to help people who are separating to resolve practical issues, such as how to divide property or what arrangements to make for their children, without going through the courts. A mediator will help you discuss things in a way that most people find difficult when their relationship has broken down.
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| Q. |
Can we both use the same mediator? |
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Yes, the mediator is completely impartial and does not act for either of you. The mediator is there to help both of you find answers to the issues on which you both disagree. |
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| Q. |
Is mediation only for married couples? |
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No, family mediation can be used by married and unmarried couples. It can be even be used, for instance, to sort out differences between grandparents and parents over contact with a grandchild. |
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| Q. |
Does the mediator decide what we should do? |
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The mediator will help you retain control over the decisions that affect you and will help you find an answer that is acceptable to both of you. This means you do not have to go to court and let a judge decide for you. |
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| Q. |
Do I still need a solicitor if I use family mediation? |
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It depends on the situation. Robert Barber's mediators are also family law solicitors so can tell you what the courts can do and what the law says. However, when we act as mediator we cannot give you legal advice, so if you use the family mediation service you will be advised to take legal advice from another solicitor. The mediator will enable you to exchange information and to discuss proposals directly without the need for letters back and forth between your solicitors. |
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| Q. |
Give me two reasons why I should use family mediation. |
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| A. |
Firstly, it is likely to be cheaper for you than using solicitors and going through the courts. One or both of you may be entitled to Legal Aid for mediation services. If you receive Legal Aid, which is now known as Public Funding, to go to court you may still have to pay back your legal fees at the end of the case if you come out better off. You will not be asked to pay back any Public Funding for mediation. Where you both have to pay for mediation you share the cost of the mediator instead of paying a lawyer separately.
Secondly, in mediation nothing will be decided about your case unless you agree to it. Together you will retain control over what happens to you. If you are able to reach an agreement through mediation, it is likely that you will be on better terms with each other after separation than you would have been had you fought things out through the court.
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| Q. |
Is an agreement reached in mediation legally binding? |
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All discussions in mediation are confidential. If you succeed in reaching an agreement our mediator will draw up a document which summarises what you have agreed between you. That document is confidential and not legally binding, but because you will have actively agreed to what is in it you will not want to break the agreement. You can both agree to make the document legally binding or make a simple application to the court for an order confirming what you have agreed. |
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If you have any further questions please call us on 0115 878 9000
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