Does a Mediator Have Choice- Family Mediation Service

Does a Mediator Have Choice- Family Mediation Service 2

Our Mediators Can Help

If the initial meeting goes well and you all agree to pursue mediation, you will schedule mediation sessions. It often takes between three and five meetings to reach an agreement, depending on what needs to be ironed out.

The mediator will normally meet with you and your ex-partner simultaneously, but you should have the option to meet with them separately if necessary.

What is the mediator’s function?

Mediators are able to:

  • Pay attention and assist you both in determining what needs to be managed.
  • Analyse your potential choices and what might function best in the future.
  • Ensure that you both have the opportunity to be seen and heard.
  • Provide any necessary information to aid your talks.
  • Inform you when you may require further independent counsel on things like pensions.
  • Ensure decisions are made jointly and are reasonable for both of you, any children involved, and your family circumstances.

When an agreement is reached, the mediator will put it in writing and ensure that all parties understand its meaning.

Are the decisions we make legally enforceable?

The options you have are not legally enforceable on their own. You can petition the court to make your actual decision into a legally enforceable consent order. Your mediators can clarify specifically what this is and how to obtain a permission order.

There is a cost associated with this court application, and also your mediator will be able to provide details on this. If you seek legal assistance, you may qualify for free legal advice and assistance.

Can I seek legal advise after mediation?

Numerous individuals who participate in mediation find it helpful to have legal counsel to support them. If you are discussing matters that pertain to a legal issue, you can prepare at any time, and your mediator may also recommend doing so. The mediator can provide information about local family attorneys and how to select one. If you obtain legal assistance for mediation, you may also receive free legal advice during mediation.

What happens if things don’t go according to plan?

You can return to the mediator to modify the initial contract if your circumstances change and the plans are no longer effective.

If you’ve created a contract legally enforceable and someone doesn’t follow it, you must examine whether it may be resolved with the assistance of a mediator. If not, it can be enforced through the courts.

The Mediator encourages objective communication

The Mediator promotes objective communication

When parties are required to pass through every phase of dispute resolution in a professional manner, they become participants in the decision-making process. They begin to focus on the issue rather than the people. Unknowingly, individuals are separated from the situation.

Parties attempt to transition from making decisions based on their intuition to making decisions based on logic. Due to the neutral mediator’s expert support, their faith in the latter is strengthened.

After spending quality time with the conflicting parties, the mediator brings them to a secure place where resolved emotions do not resurface and influence the decision-making process. In order to prepare the parties for the decision-making process, it may be necessary to address numerous emotional concerns. In this stage of preparation, the mediator ensures that all emotions that are preventing the parties from engaging in the process or that could potentially do so in the future are holistically addressed.

A mediator supports the parties in the decision-making process without violating ethical standards. During this decision-making process, parties are aided in such a way that they are not only prepared to make decisions regardless of the outcome, but also assume responsibility for the outcomes of their decisions. However, ‘taking a decision’ is entirely within the purview of the disputing parties.

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