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The Three Kinds of Mediation

There are three different kinds of mediation, including:

Evaluative Mediation

Often, evaluative mediators work quickly and efficiently to achieve a solution for their client. Taking into consideration their past experiences, they are particularly helpful when there is not much time to solve the problem.

Transformative Mediation

Differing from evaluative mediators, transformative mediators take time and space for both parties to fully understand their circumstances.

Accommodating emotionally for their clients, they are especially understanding when deeper personal issues are incorporated within the conflict.

Facilitative Mediation

Facilitative mediators are known for their adaptability between clients.

Drawing together techniques from both evaluative and transformative methods of mediation, they help to validate both parties’ points of views and come to agreements with the best interests of both parties in mind.

Family Mediation – What Does It Involve?

Family mediation is the process in which families can negotiate future arrangements for children and agree a division of matrimonial assets with the help of a neutral, third party. The mediator does not tell the parties what to do but can help them come to their own agreements amicably.

With the end goal of mediation being to resolve the disagreements between both parties, it can also help to improve communication and make future engagements be more cordial and make future meetings more amicable.

There are five steps towards family mediation, MIAM (Meditation, Information and Advice Meeting), an opening session, communication, negotiations, and closure.

What Happens During Mediation

The aim of mediation is to try and find a common ground between both parties. The mediator asks questions and assists the parties to understand one another’s points of views.

However, if one party is not comfortable with being in the same room as one another, a ‘shuttle’ mediation can be arranged.

In this situation, the mediator will speak individually with both parties, their proposals being kept separate. Whilst this may take longer than regular mediations, it in turn makes for less conflict.

Upon reaching an agreement, the mediator will draw up a ‘memorandum of understanding’.

Is Mediation Legally Binding?

Any agreements made during mediation is not legally binding. However, it is possible to get a solicitor to look over the agreement, which can be drafted in the form of a Consent Order which can be lodged with the Court for the Court’s approval at a later date.

What Are the Benefits of Mediation?

It is often recommended that parents who cannot agree on making suitable arrangements for their children during family disputes use mediation. Mediation can also deal with the parties deciding how the matrimonial assets should be shared.

Through mediation, there is more control over what decisions are made in relation to their children and finances, rather than applying to the courts.

Mediation also provides families with a less stressful option for dealing with sensitive matters, allowing both partners to amicably discuss their opinions on their situation.

It is also a more cost-effective way of resolving disagreements, allowing mutually agreed changes to be reviewed and changed with ease.

Legal Advice

If you are looking to find out more about mediation and how it might help resolve your family disagreements, our expert team of family lawyers are here to help. Get in touch today for more information.