Frequently Asked Questions
WHAT ARE THE BENEFITS OF MEDIATION?
IS MEDIATION CONFIDENTIAL?
The mediator is bound by professional ethics to provide an impartial, confidential service. Mediators treat all discussions as strictly confidential. If this becomes apparent mediators will discuss any necessary action to be taken with the couple. Neither party may use information discussed or disclosed in mediation during court proceedings unless this intent has been recorded in the Memorandum of Understanding, which has been converted into an Agreement of Settlement.
WHAT DOES MEDIATION ENTAIL?
WHO SHOULD ATTEND?
WHEN IS MEDIATION A SUITABLE APPROACH?
All parties involved should be ready and willing to participate fully in the process and be committed to attend all sessions.
WHY MEDIATE?
HOW DOES MEDIATION DIFFER FROM A COURT PROCESS?
Both processes aim to resolve disputes. Mediation offers a process by which two parties work towards an agreement with the help of a neutral third party, taking into account underlying needs and interests. Litigation, on the other hand, is a process in which the courts impose binding decisions on the disputing parties in a determinative process operating at the level of legal rights and obligations (rather than needs and interests of the parties).
WHAT IS A MEDIATOR?
A mediator is a neutral person. They do not take sides and are not personally affected by the result. Unlike a judge, a mediator can’t make decisions for you.
WHAT DOES A MEDIATOR DO?
The mediator is a person who has special training and helps parents talk together about their children, focus on common interests, and decide on possible answers to their problems.
- time-saving in comparison with other ways of resolving disputes
- less costly than alternatives
- less stressful than going to court
- a way of enabling the parties to keep in control of the situation
- flexible
- non adversarial
- in the best interests of the children and parents
- focused on achieving a fair outcome for all
IS MEDIATION CONFIDENTIAL?
The mediator is bound by professional ethics to provide an impartial, confidential service. Mediators treat all discussions as strictly confidential. If this becomes apparent mediators will discuss any necessary action to be taken with the couple. Neither party may use information discussed or disclosed in mediation during court proceedings unless this intent has been recorded in the Memorandum of Understanding, which has been converted into an Agreement of Settlement.
WHAT DOES MEDIATION ENTAIL?
- The couple attends sessions together.
- Each session is an hour and a half.
- The mediation process can take from two to six sessions.
- The number of sessions varies from couple to couple and depends on the number of issues and their level of complexity.
WHO SHOULD ATTEND?
- Couples who have made the decision to divorce.
- Couples who are divorced but need to renegotiate issues.
- Couples who have lived together and/or have children together.
- Family members who are in conflict, for example a parent and a child in a traditional family or a step-family context.
WHEN IS MEDIATION A SUITABLE APPROACH?
All parties involved should be ready and willing to participate fully in the process and be committed to attend all sessions.
WHY MEDIATE?
- It is common knowledge that litigation is generally expensive because of the time and procedures involved, whereas mediation is quick and efficient without cumbersome procedural requirements.
- It is a confidential process and therefore will not attract the attention of media and third parties, who might derail the process.
- There is less risk involved. Mediation allows for a win-win situation, rather than a win-lose scenario. As the parties themselves are in control of the outcome, the risk of an undesirable outcome imposed by a third party is non-existing.
HOW DOES MEDIATION DIFFER FROM A COURT PROCESS?
Both processes aim to resolve disputes. Mediation offers a process by which two parties work towards an agreement with the help of a neutral third party, taking into account underlying needs and interests. Litigation, on the other hand, is a process in which the courts impose binding decisions on the disputing parties in a determinative process operating at the level of legal rights and obligations (rather than needs and interests of the parties).
WHAT IS A MEDIATOR?
A mediator is a neutral person. They do not take sides and are not personally affected by the result. Unlike a judge, a mediator can’t make decisions for you.
WHAT DOES A MEDIATOR DO?
The mediator is a person who has special training and helps parents talk together about their children, focus on common interests, and decide on possible answers to their problems.