Vickers & Co. Solicitors - Mediation

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Further Information:

Information sheet given to clients by Family Mediation Central Middlesex. service we offer:

What is Mediation?

Mediation is very different from counselling. If you believe that you and your partner need to talk about whether or not your relationship or marriage can be saved you may want to contact Relate or another counselling organisation.

Mediation is a way of helping people to agree on the best practical arrangements for their children, their property and their finances following separation. It may be important to talk about where the children live, how they see each of their parents or other important people and how to make arrangements concerning the house and money matters. People come to mediation at very different stages in their separation. Some people come when only one partner has started to talk about separating, some before, during or immediately after separation, and others months or years after the divorce.

You can choose whether or not to use Mediation. It is separate and independent from the Courts and Solicitors. If you start using Mediation and then change your mind, you can stop whenever you choose. The Mediators will not tell you what you ought to do but they will work with you to help you and your (ex) partner find a way to move forward. The Mediators will not take sides but they will help you concentrate on what is best for your children. What you say in Mediation is confidential unless there is serious concern about the safety of anyone involved, especially a child. In this case the Mediators will pass information on the Social Services Department in consultation with you.

Your first Mediation appointment

Your first meeting with the Mediator will allow you to find out about mediation and help you decide whether or not this is the way for you to resolve the practical difficulties between you and your (ex) partner. We call this an intake appointment; you may wish to come to this appointment on your own or with your (ex) partner. All subsequent appointments must be joint with both of you in the same room. If you have any concerns about being in the same room as your (ex) partner, then please bring these up with the Mediator at your first session. We will be happy to arrange separate waiting rooms and leaving times. We will also take the necessary precautions to ensure that you are not left in the same room alone with your (ex) partner.

The Costs

You may be eligible for Legal Aid and the Mediator will discuss this with you at your first appointment. If you are, or your solicitor has sent you to find out more about Mediation this first meeting will be free. The attached sheet gives you more information about this.

If you are not eligible for Legal Aid the attached sheet will tell you how much you will have to pay. If the mediation is about the arrangements for children we would expect you to need at most 3 sessions. If the Mediation includes financial matters you may need up to about 6 sessions. Each case is different and the Mediator will talk to you about this at your first appointment. As a sharp comparison, the typical cost of this matter being resolved through the Court process is approximately 3,000 to 4,000 per person but could be considerably more.

Evaluation

We aim to offer a high quality of service that will meet your needs. As a part of this commitment, we ask all our clients to fill out an anonymous questionnaire about the way we handled your case, and you may comment on the ways in which we can improve our service.

Complaints

If you have any concerns about the way we have dealt with you, please raise them with your Mediator or Manager. If this does not resolve matters, we have a complaints procedure, which is designed to ensure that issues are properly investigated, and any necessary action taken. You can ask for our leaflet, or speak to Hazel Hewett, the Director of Relate on 0208 427 8694

Observations

We have an external supervisor who is responsible for the way that we work. She may need to observe Mediators at work and we ask you for your co-operation in this. We may also ask you if you would allow our trainee Mediators to observe appointments. You will be notified in advance and can always refuse if you do not want this to happen. The observer is there to watch the way the Mediator works and does not participate in the session.

Client Records

We keep files (including notes of sessions) on each of our clients. These are kept in locked cabinets and only accessible to the Mediation service staff. The files are kept for 5 years and then are shredded. We receive funds from the Legal Services Commission and must comply with their requirements regarding reviews of our files and their audit process, which may mean that we have to show them your file. However, they maintain strict confidentiality and are looking solely at whether we have met the standards required, not at the individual circumstances of a case.

Legal Advice

We do not give advice to our clients, as we are an impartial service. We do however, suggest that you seek independent legal advice from your Solicitor to ensure that the decisions made in Mediation are in your best interests. At the end of the Mediation process we will detail all agreements in a document called 'The Memorandum of Understanding', this will incorporate all decisions regarding Children and/or Property and Finances. This document is not legally binding, but can be made so, by your Solicitor at your request.

Mediation is an amicable way to resolve all issues following separation, whilst ensuring that you remain in control of your own situation.

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