Foundations of Mediation

Mediation is:

Voluntary

Mediation is a choice and participation is voluntary. You stay in control of the decision-making process and you are responsible for sticking to the agreements made. Without pressure from the courts, an agreement made in mediation is more likely to last and be successful.

Confidential

All discussions in mediation are confidential and cannot be referred to in court proceedings, if you do decide to go to court later. It is an opportunity to discuss options and ideas freely, without prejudice. If an agreement is made, it can be made legally binding at a later stage, if required.

Impartial 

The role of the mediator is to be impartial. It’s important both parties listen to each other during mediation and a mediator can facilitate discussions, with both sides being heard and understood.

Child focused

Mediation can focus the discussions, keeping your children’s needs at the forefront. Court orders can often be rigid and inflexible and may not work in the long term, as the needs of children may change. Agreements made in mediation can be amended over time if needed and options can be tested, before finalising agreements.

 

Mediation is not:

Legal advice
Mediators can provide legal information but they cannot give legal advice. You can access legal advice from legal professionals to support the mediation process if you feel you require their input, for example when reviewing the final documents. You do not need to have seen a solicitor before you come to mediation.

Marriage counselling
Mediation is forward-looking and helps couples who are separating or divorcing to make arrangements for their future in a positive way. If you think you need marriage counselling, we can refer you to other professional services.