ADVERTISING FEATURE LEGAL MATTERS
Is mediation the key?
ANNE THISTLETHWAITE, A TRAINED MEDIATOR AND FAMILY LAWYER AT AMD SOLICITORS, LOOKS AT HOW MEDIATION CAN HELP
“I
know my marriage is over and I should sort things out but I can’t face a long legal battle. Once courts are involved I know it can
turn nasty and expensive” Does this strike a chord? You may have heard of mediation
and wonder what it is. It is an alternative way of approaching and resolving the issues that arise on a breakdown of a relationship. It isn’t a way of getting a relationship back on its feet but it can support couples going through separation and divorce through discussion and agreement. The role of the mediator is to facilitate
the discussion as an independent and impartial third party. The mediator will ensure that the discussions are fair and balanced and that the participants feel safe. Mediation is confidential and can help couples make informed decisions and find solutions which will work for them. Rather than getting bogged down
in recriminations and past history the mediator can help a couple focus on meeting their future needs and the needs of any children.
“a medIator can help you reach agreements”
It should be emphasised that mediation
is a voluntary process. The mediator does not give legal advice but can help you reach agreements on both child care and financial issues. Mediation can also work well where the parties have their own solicitors available to give advice, which may be before, or between, meetings. Sometimes it may not be possible
to reach an agreement on every issue but it doesn’t necessarily mean that the mediation has failed. Often it will lead to an eventual agreement and it can be helpful in improving cooperation and communication for the future.
“So we go to mediation. It sounds Anne Thistlethwaite
worth giving it a go at least. When should we start and then what happens?” Discussions at mediation do not become binding on the parties without legal advice. The mediator can provide a record of the issues discussed and any proposals (called a Memorandum of Understanding) for you to obtain independent legal advice and for your solicitors to draft documentation if you wish to enter into a binding agreement. Anything that you say in mediation is private and will not be used in court proceedings (unless you both agree). You can contact a mediator directly
before seeking legal advice. Alternatively your solicitor may recommend mediation or advise you to find out more about it before starting court proceedings. Anyone embarking on court proceedings will also find that the court will now be encouraging parties to obtain information and attend an assessment meeting to find out more about mediation. In some circumstances, where there has been violence or abuse, the mediation process might not be suitable and the mediator will assess this with you. Outcomes that you have created together for your own family and circumstances are more likely to be successful than those imposed on you by the court process. By assisting and supporting couples to communicate with one another the potential for future disputes within the family may also be lessened. CL
Copyright AMD Solicitors 2011
If you would like to know more about our mediation service please contact Anne Thistlethwaite who is a family lawyer and trained mediator by telephoning 0117 9621205 or email anne at
annethistlethwaite@amdsolicitors.com
AMD Solicitors, 100 Henleaze Road, Henleaze, Bristol BS9 4JZ tel: 0117 962 1460 fax: 0117 962 1961
71 Clifton Life
www.mediaclash.co.uk www.mediaclash.co.uk Clifton Life 79
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