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At Albion Mediation we find that most parties who start family mediation will achieve agreement without having to go to court.
Family mediation is a procedure in which an impartial, qualified expert assists you and your separated/ex-partner in reaching an agreement on critical issues such as parenting arrangements, finances, property, and savings. Family mediation is less stressful than court proceedings and is frequently faster and less expensive as well.
Additionally, it may be utilised to assist with other concerns, such as your children maintaining contact with their grandparents, step families, or in-laws. Mediation can also be beneficial when previous agreements need to be altered, particularly as your children get older. If you go to court to resolve your disagreements, the judge will make the final determinations. You must adhere to these decisions even if one or both of you are dissatisfied with them.
The benefit of Mediation is that it might assist you in regaining control. Nobody can compel you to do anything against your will. The mediator will assist you in determining a solution that works for both parties and will explain how to legally bind an agreement.
Before you petition to the court to hear your case, a judge will expect you to attempt mediation. They have the right to withhold judgement until you have attended a Mediation Information and Assessment Meeting (MIAM).
Albion Mediation has discovered that the majority of persons who begin mediation achieve an agreement without having to go to court.
If you wish to legally dissolve a marriage or civil partnership, you must make an application to the court, although you will normally not be required to attend a hearing.
This video developed by the University of Exeter provides further information on the mediation process and offers tips on how to ensure its success.
If you responded yes to two or more of these questions, you may not yet be emotionally prepared to participate in the mediation process. According to research, mediation works best when both sides are emotionally prepared.
When we discuss ADR, we are referring to alternatives to formal legal systems such as court.
Unlike litigation or arbitration, family mediation acknowledges that you are the experts on your own family and defers to your judgement.
Unlike negotiating via your attorneys, family mediation enables you to communicate directly with one another, allowing both of you to express how you feel and what is most important to you. Additionally, it enables you to focus on the things that are truly important to you as a family.
Both sides collaborate to find a solution rather than leaving it to a judge.
Can I resort to the court procedure if I determine mediation is no longer the best course of action for me?
Yes, mediation is a voluntary procedure that can be terminated at any moment by any side.
Is mediation going to be fair?
While the mediator is there to guide and supervise the process, the mediation will proceed only if both parties agree. Mediators are always unbiased and take no sides. Mediators do not provide legal advice and do not make decisions on your behalf. The parties must iron out their differences.
What if I mention something during the Mediation and then reconsider it?
Mediation is a secret process, and nothing you say during it is legally enforceable. At the conclusion of the mediation process, your mediator will explain how to convert your ideas into a legally enforceable agreement and/or court order, which typically involves seeking legal counsel.
What are the associated costs?
Although family mediators often charge less than family attorneys, it is critical to understand up front how much you will be paid and what services the mediator will provide.
Our fees are completely open and may be viewed on our website.
I truly despise being in the same room with my ex-partner.
It may be uncomfortable to be in the same room as your ex spouse, and your mediator will work with you to guarantee your comfort prior to any joint mediations. This may entail shuttle service between you and your former spouse, who will be in separate rooms (virtual rooms).