What is mediation?
Mediation is the process in which a trained mediator helps people to resolve differences that might otherwise progress to court or tribunal. The court/tribunal system usually means that there will be a winning and a losing party, whereas the purpose of mediation is to create a win-win situation that is faster and less expensive. Mediation is a confidential, constructive and voluntary process. Its effectiveness is dependent upon both the skill of the mediator and the ability of the participants to talk in confidence with the mediator about the issues from different angles.
Mediation is usually carried out on one day at a neutral, convenient and agreed venue. Currently, due to the Covid 19 pandemic, all mediation is carried out virtually using Zoom, an easy-to-use conferencing app.
The practical aim of mediation is to reach a settlement or a mutually acceptable agreement that the participants can contractually agree. The range of settlement options is far greater than those available to a court or tribunal because the participants themselves will have negotiated it together.
Sometimes participants are keen to talk together. For others, the mediation takes the form of separate private meetings. To work out the best initial approach, the mediator makes contact with the key people and reads the key documents. She will usually invite attendees to start off together for an initial meeting which may be quite brief. The mediator undertakes to provides equal time, care and attention to each person so as to be entirely neutral. At all times the mediator safeguards each person’s confidentiality. It is common for participants to attend with a solicitor or other representative/support. It is important that all participants have the same level of support as each other. Naomi will discuss with you who might be invited to attend.
The mediator is an expert communicator – she is there to facilitate. Naomi is particularly well-placed to help in disputes related to
- health care
- differences of interpretation of wills
Naomi is not currently offering family mediation (help with divorce, children’s residence/maintenance)