How Does Family Mediation Work – Barclay DeVere Experts helping families
Family Mediation Overview
Any kind of family breakdown or disharmony, especially a divorce or separation, can be devastating. It can cause life-changing situations for everyone involved. Marriage and partnership breakdowns are also likely to lead to other ongoing family disagreements that can result in long-term difficulties if they are not resolved early. This is when Barclay DeVere family mediation can help you.
Barclay DeVere are trained mediation specialists actively engaged in attempting to amicably resolve matrimonial, family and other types of disputes without the need to go to court.
When family mediation is used as an option, this has usually proved to be a fast, informal way of reaching a settlement in a dispute that all parties are willing to agree to. Using the mediation process is considered to be one of the most effective forms of dispute resolution, particularly in family breakdowns when marriages or partnerships are dissolved. Our professional mediators are sensitive towards the issues relating to the parties involved and will work with dedication to help you to reach a satisfactory agreement. The majority of disputes can usually reach a fast settlement allowing the participant’s lives to get back on track.
- A mediation hearing is completely impartial and anything discussed between the mediator and either party during the process remains confidential and by law cannot be used as evidence in any future court action without permission.
- Mediation works because it allows both parties to air their concerns and to explain their grievances in an informal atmosphere under the controlled guidance of an impartial mediator.
- Mediation hearings are not generally conducted in a court room; they are arranged to take place at a time most suited to the disputing parties. The mediation process usually occurs in an office suite or other suitable location – somewhere where the participants can feel more relaxed. Experience shows that an informal location is extremely beneficial to the mediation process as it encourages participants to talk freely without being bound by the formal rules of a court.
It must be stressed that mediation is an entirely voluntary process that has been devised to encourage self resolution. The mediation process has been created to offer a satisfactory way for those in dispute to control the process without the need to involve lawyers.
Results show that parties involved in the family mediation process are usually prepared to express a more open and candid approach when this can lead to reaching an amicable solution to their differences. This usually results in a settlement being made that is acceptable to both sides.
The Ministry of Justice ruled in April 2011 that mediation must be considered by all parties that are contemplating separation or divorce before proceeding to court. All parties now have to attend at least one Mediation Information and Assessment Meeting (MIAM) before legal proceedings can be commenced.
If no agreement to mediate can be established, the parties must obtain a form FM1 from the mediator who conducted the MIAM, which the mediator has signed, to confirm that mediation is not a feasible option in their case.