The Mediation Process
If you are both interested in mediation, one of our mediators will meet with both of you separately to find out what your individual needs and concerns are. In this MIAM (Mediation Information and Assessment Meeting), you will have ample opportunity to discuss with one of our mediators both the emotional and practical challenges you face, what fears you have about the future and what you want to achieve through mediation. It will also give the mediator the opportunity to assess your individual case and determine if there are any insurmountable barriers to mediation.
Once your mediator has all the information they need and has assessed your case’s suitability for mediation, they will bring you and your partner together to begin the mediation process.
Mediation usually takes place over a number of sessions. Your mediator will usually be able to give you an idea of how many sessions this will take at your initial meeting.
During the sessions themselves, openness is the key to success. Each of you is given equal and ample opportunity to explain what you need to move forward from the relationship. You will have the chance to explore a variety of resolutions available to you with the mediator providing an impartial perspective on the various outcomes. The mediator, using their wealth of experience, will make suggestions and help you both to think about the practical and emotional results of possible arrangements.
During the process the mediator does not advise either of you independently, but does provide legal information which may affect your negotiations and which should ultimately help you to reach a viable agreement.
Of course, there are some cases where people fail to reach agreement. Even then, in financial cases, you will have the disclosure exchanged in the mediation and you will probably find that the process has helped both of you to understand the other’s position better than before which will help in resolving matters through your solicitors.
Successful mediation concludes when an agreement is reached which satisfies both of you. Your mediator will then write up this agreement in what is known as a” Memorandum of Understanding.” This is where Anne Braithwaite Mediation Chambers is exceptionally well-placed to assist you in this capacity. With many years experience behind them, our mediators will produce documentation which takes into account the framework required to make your proposals legally binding subject to legal advice. This in turn will make it easier and quicker for your solicitor to create the necessary paperwork. Not only is this likely to reduce legal costs, but also to minimise the stress involved in the separation process.