Mediation Myths

Mediation can resolve even the most complicated set of circumstances, and it is important for this process not to be overlooked due to incorrect misconceptions. Our Mediator, Laura Bell, highlights some of the myths surrounding mediation:

Mediation is a way to help us reconcile.
MYTH – Mediation is not the same as counselling. The mediation process is designed to focus on the arrangements following a separation or divorce.

Mediation is not an option because Court proceedings are underway.
MYTH – Whilst a Mediator is not able to determine an issue in the way that a Judge is able to, if both parties are willing to enter into mediation and negotiate then this is a way to attempt to settle matters outside of Court and bring proceedings to an end.

The proposals discussed in mediation can be “used against you” in court proceedings
MYTH – All discussions in mediation are held on a “Without Prejudice” basis. This means that the Court cannot be aware of the discussions, and what compromises the parties were prepared to make.

Couples with a high net worth should not use mediation to agree a financial settlement
MYTH – Your financial circumstances will be considered in mediation, but the size and value of your assets does not impact your ability to mediate. The mediator may recommend the assistance of third parties – such as pension experts or independent financial advisors – to help reach a resolution and ensure that both parties have a full understanding of their financial circumstances.

To mediate I have to be in the same room as my ex-partner
MYTH – Holding a mediation session in a room with your ex-partner and your mediator is just one way of mediating. Sessions can also be held remotely, or on a shuttle basis so that you are in separate rooms. Safeguarding checks will be carried out by the mediator, and arrangements can be made (such as for the parties to be in separate rooms) to make the parties feel more comfortable.

For more information or to set up an initial Mediation appointment please get in touch here or call 0800 2800 421.

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