Mediation FAQS
Family mediation may be a difficult procedure to navigate. Albion Mediation has compiled the commonly asked questions concerning family mediation.
Frequently Asked Questions
Is Mediation a Requirement?
Although parties are not legally obligated to undergo the mediation process they are required to consider it as an option before applying to the court for certain family law matters. In cases involving child-related issues, such as contact or residence arrangements, the court may encourage parties to attend a mediation information session to explore the possibility of resolving their disputes outside of court. If you feel that mediation at the same time is not an option we are able to offer shuttle mediation.
Should I include my Child In Mediation?
Children often struggle to express their thoughts and feelings directly to their parents amidst family changes. Meeting with a mediator can provide them with a safe space to explore their emotions. With the child’s consent, their insights can then be shared with their parents to facilitate informed decision-making. For further guidance on listening to children’s perspectives, please refer to additional resources available here. We also provide information specifically tailored for children and young people, outlining ways they can ensure their voices are heard effectively.
Can Family Mediation Help?
Family mediation is a valuable resource for families facing conflict, offering a platform for understanding and communication, leading to the creation of practical plans for the future. Our team of mediators has a deep understanding of the intricate dynamics of family life, including separation, divorce, and restructuring. They maintain impartiality, refraining from taking sides, passing judgments, or offering guidance. Instead, they collaborate with families in conflict to facilitate effective communication and explore options that can aid in resolving differences.
Will the Courts be Involved?
In Scotland the courts will not become involved in the decisions families make following a separation unless they are asked. The mediation process can help you to make decisions about children without going to court. However if you do go to court even at that stage the Sheriff may refer you to your local family mediation service.
Is mediation Confidential?
Confidentiality is a cornerstone of the mediation process. When you engage in mediation, all discussions and information shared during sessions are strictly confidential. This means that what is discussed in mediation stays within the mediation space. The mediator is bound by professional standards to maintain confidentiality, and this ensures that participants can speak openly and honestly without fear of their words being used against them. Confidentiality fosters trust and encourages all parties involved to fully engage in the process, knowing that their privacy is respected.
What happens if there's domestic abuse in the family? Is mediation still an option?
Safety is paramount in any mediation process, especially when domestic abuse is a concern. Mediators are trained to recognise signs of abuse and prioritise the well-being of all parties involved. In cases where domestic abuse is present, mediation may not be appropriate or safe. Instead, alternative support services and legal avenues can be explored to ensure the safety of everyone involved. It’s essential to address domestic abuse through appropriate channels while seeking the necessary support and guidance.