family mediation - Page 6

250 result(s) found.

define mediation
/

Define Mediation as a Divorce Process

Published on
Johnathan Pease Accredited Family Mediator and PPC
Johnathan Pease
Accredited Family Mediator
and PPC

In this interview, we speak with FMC accredited Johnathan Pease of New Landscape Mediation about what exactly family mediation is as well as what it is not.

Johnathan goes on to answer further questions that help define mediation as a divorce process including:

  • Can mediation work for high net-worth individuals?
  • Is family mediation about bringing the couple back together?
  • What about confidentiality?
  • Does working with a family mediator preclude working with a family solicitor?

So if you’re going through divorce or trying to deal with what you imagine is likely to be a difficult and challenging divorce, you may want to hear what Johnathan says about this particular divorce process.

Here’s part of what he had to say when asked to define mediation.

…When going through divorce, a family mediator will do is to take you through the process, in much the same way as a solicitor would in terms of the finances because there are certain legal things that have to happen when separating your finances but a mediator will do it for you in a much more streamlined fashion.

We do sit down with couples, and together organise the finances by looking at what the situation right now, what they both need to achieve going forward and we work out a way of dividing up their assets so that both parties are able to be content with the solution that they come up with. (Cont’d below)

We take that solution and put it together in a proper outcome document that can then be presented to the court for ratification in a consent order.

We do the same thing with the children. We sit down together, we work out, where the children will live, how they’ll move back and forth between the two parents, what’s going to happen over Christmas, what’s going to happen during half terms, holidays and all those sorts of things.

My goal is always to have parents feel that they are able to dance at their children’s wedding 10 years from now as opposed to dragging each other through the courts.

So mediation is a divorce process that helps you to achieve those very simple tasks while keeping your dignity and most of your finances intact.

What is family mediation NOT?

It is not a process where you sit down and get told what is right for you and what isn’t right for you.

It’s not a process where the family mediator sits there and makes a determination that you’re ex-partner has to be punished because he or she has behaved appallingly.

Family mediation is not a process where get specific legal advice but where you get a great deal of legal information. I can tell you for example if a court is likely to ratify and agreement or not. Everybody’s situation is different and our job is to make sure that you’re both content with whatever arrangement you come up with that is available to you within your resources.

ABOUT THE AUTHOR

Johnathan Pease, of New Landscape Mediation, is a highly experienced family mediator with over 20 years of experience working in family conflict resolution both as a mediator and Family Consultant.

A fully accredited BACP psychotherapist, Johnathan holds several qualifications with ADRg – including Direct Child Consultant (DCC). He is an accredited Civil/Commercial mediator, a member of the UK College of Mediators, and an affiliate member of Resolution.

Johnathan’s flexible and pragmatic approach to mediation makes the most of his understanding of interpersonal dynamics for the benefit of all concerned.

As a father of 2 children, and having experienced a family breakdown himself, Johnathan recognises that there are often many layers to the end of a marriage hindering a successful settlement than first meets the eye. Johnathan applies his varied training and life experience to the time sensitive and practical needs of family mediation with consistent success.

You might be interested in

/

Divorce and The Myth of Justice in Family Justice

Published on
Johnathan Pease Accredited Family Mediator and PPC
Johnathan Pease
Accredited Family Mediator
and PPC

The myth of justice in Family Justice.

This is a pretty bold title. Am I, as a mere Family Mediation Council Accredited (FMCA) mediator really challenging the idea that the Family Justice system has anything at all to do with meting out justice?  Yes, I am.

It is almost a daily occurrence as a FMCA mediator to hear about someone ‘s feelings of being unfairly treated by their ex-partner.

Sometimes, clients tell me of how hard they’ve worked, or how they’ve given their ex the best years of their life, only to now find themselves replaced by a wealthier or younger model.

Other times it describes the way a non-resident parent feels about how difficult it is to see their children and how they are being blocked by an obstructive ex-partner. In yet other instances it describes a deeply held belief in what they see as their moral right to a certain share of a family asset pot – either because they feel they were the one who worked so hard for it, or because they feel as it is their spouse who wants to end the marriage, why should they lose out?

In almost all cases, there is a belief that if a judge or other authority could only hear about these personal injustices that this court or authority will see the truth, make a judgement and put things right. Unfortunately, this is simply not the case.

The family court system does not in any way concern itself with personal, relational issues. It is only concerned with those elements of the Matrimonial Causes Act of 1973 (and the few amendments since) that apply. In essence, these are to do with the assurance that children are kept safe, are housed and to the greatest degree possible continue to have two parents who can, and will support them.

The Court will also want to ensure that both parties have provided full and frank financial disclosure so that there is absolute clarity about the financial picture before making a decision. If couples go to final hearing and the Court is asked to make a judgment on their behalf, effectively telling them how things will be split, no amount of emotional appeal will have an impact.

Judges will not concern themselves with the fact that your – now ex – partner promised to love you until the day they died but then reneged on that promise and has fallen in love with someone else. They will not punish your ex for lying to you about all those times they said they were playing golf or visiting a sick friend but were really with their lover. The incredibly frustrating and rather sad fact for many is that no amount of proof gathering, or case building will change this.

myth of family justiceThe traditional adversarial type of litigation is basically what we see in the Family Court system.

This has led to a system of “family justice” that for the average family it results in little more than seeing the children of their solicitor and barrister go to a great university. Fighting it out in court, hoping for a judge to see how awful your ex is, such that you are then provided with an award of most of the assets in retribution doesn’t really work.

Even in those rare cases where a judge is swayed by an argument, or where the judge does provide a partner or spouse with the lion’s share of the assets because he feels sorry for a spouse, the legal costs averaging £23,000 per person to receive that award usually completely wipes out any benefit you may have though you were getting (this is the average cost per person for a low to middle income family).

To top that off, as if this financial cost isn’t enough, a battle such as this will almost certainly impact the children and the love/respect they feel for you as parents.

I want to be completely clear on this point: a drawn out legal battle will affect the children’s opinion of BOTH parents.

Children do not simply side with judges, and punish the parent who loses in such a battle. They also have their opinions about the parent who destroyed their other parent in court. Remember, that no matter how much you dislike your ex, or feel they’ve lied or been unfair to you, to your children that person is still their father (or mother as the case may be). Your children are made up from the DNA of both of you.

Two years of hearing about how awful their other parent is (the average length of a family court case), means to put your children through 24 months of hearing that half of their genetic make-up is in some way flawed. Few children will thank you for that.

So where do people who feel they’ve been treated unfairly go? What can they do with these feelings? How can things be put right? These are difficult questions to answer properly in an article such as this.

Certainly, in terms of putting things right and ensuring that someone who has betrayed you is brought to justice, this might not be possible. If you are on the receiving end of something like this, it may well be that for you the only real recourse is to find the right support to help you through it. Wider families, support professionals such as counsellors or therapists and the love of close friends may be the thing that helps you get out the other side.

In regards to reaching a fair financial settlement and ensuring that any injustices that have occurred in the past are not allowed to continue, working with an accredited family mediator will save you a significant amount of time and money over the route of court and litigation.

Attend an initial information meeting with your local FMCA mediator about the options you have, and how mediation might be the thing to ensure that going forward, you are able to keep your savings, the respect of your children, and your own personal dignity.

About the Author

Johnathan Pease, of New Landscape Mediation, is a highly experienced family mediator with over 20 years of experience working in family conflict resolution both as a mediator and Family Consultant.

A fully accredited BACP psychotherapist, Johnathan holds several qualifications with ADRg – including Direct Child Consultant (DCC). He is an accredited Civil/Commercial mediator, a member of the UK College of Mediators, and an affiliate member of Resolution.

Johnathan’s flexible and pragmatic approach to mediation makes the most of his understanding of interpersonal dynamics for the benefit of all concerned.

As a father of 2 children, and having experienced a family breakdown himself, Johnathan recognises that there are often many layers to the end of a marriage hindering a successful settlement than first meets the eye. Johnathan applies his varied training and life experience to the time sensitive and practical needs of family mediation with consistent success.

You might be interested in

/

What is the Role of the Family Mediator in Dealing with Indifference?

Published on
Paul Sandford
Paul Sandford – Civil Mediator and Tribunal Judge

“The opposite of love is not hate, it’s indifference.”

This very insightful sentence, written by the renowned philosopher and academic, Elie Wiesel, essentially explains why so many partnerships and marriages flounder or fail.

In some instances, the split that is announced to friends comes as a surprise.  Neither they nor even the parties to the relationship themselves ever saw this coming.

After all the friends say, “neither of them of them was unfaithful and there was never any suggestion of abuse or nastiness”.

Some of these indifferent couples may get counselling or guidance but others may simply decide that enough is enough and take steps to formally terminate their relationship.

Some may end up in a room with a family mediator giving financial disclosure and discussing what arrangements should be made for their children. It may be that instead of one or either of the parties making what some would see as explicit or unrealistic demands, the mediator is confronted by a party who cannot be bothered.

An example of this would be one party not maintaining adequate levels of contact with the children of the relationship even where there is no objection to him or her doing so.

Family mediation is a voluntary as well as a flexible, confidential process that allows for the possibility of reconciliation.

In the course of separation one of the parties to a relationship, or indeed both, could decide to try and salvage the relationship. If they are in mediation their mediator will explain to them that they can either withdraw completely or else suspend the process for a fixed or even an indeterminate period. This might give them time to consider their options, possibly to try to regain what they once had and to  begin to build up trust in one another.

In these circumstances, is there a role for the mediator particularly as he or she must not adopt the mantle of counsellor or therapist?

Role of the Family Mediator in Dealing with IndifferenceThe couple who are thinking of reconciling may either not go back to living with one another straightaway or have not yet reached the point that they feel able to discuss matters without some external input. If they decide to retain separate households, even in the short term, there may still be financial matters such as maintenance and child related issues such as contact to be resolved.

It might be that the initial split was caused by a couple’s disagreement about the best way to discipline and care for their children and they might benefit from the drawing up of a parenting plan.

Alternatively they may conceivably be in dispute about the running of a family business or the status of an extension built to accommodate a relative. One of the parties to the relationship may be in dire financial difficulty and irrespective of any wish to try and reconcile, may consider it necessary to take steps in order to protect him/herself and their children. Moreover, a couple’s therapist or counsellor may have advised that progress cannot be made until some legal issues are resolved and it well may be that skilful and timely input from a mediator saves the day.

In such cases, the family mediator has a vital role to play. He or she will very possibly change emphasis and no longer specifically use terms such as “divorce” or “clean break,” but the process of a mediator helping to facilitate an agreement may still be required.

What if it really is too late for a reconciliation and one or both parties simply decides that there is no point in considering reconciliation and opt to forge ahead?

In such circumstances, if the parties decide that that is what they want, the mediator may simply carry on with “plan A” and in the fullness of time a mutually acceptable settlement may be reached.

In the face of indifference from one or both parties part of the role of the family mediator is to accentuate the positives so as to help them to communicate better. In so doing the mediator will be able to help a couple to foster an improved level of trust that will enable them to reach an agreement and to behave towards each other in a more civilised manner.

Without this input which family mediators routinely provide and which helps disputing parties to overcome indifference in addition to  enmity or dislike, any negotiations or discussions may fail. If so there may be less likelihood of a divorced or separated couple communicating effectively with one another, perhaps for years to come.

About the Author

Paul Sandford ( http://www.albertsquaremediation.co.uk/ ) is an accredited civil mediator and Tribunal Judge. He is also an associate of a Birmingham-based firm of solicitors, My Business Counsel.

He mediates for a leading UK charity and has the benefit of having worked as a solicitor for around 25 years.  He has also worked as a trainer and university lecturer and has considerable experience of working with people who are disabled or who do not have English as a first language.

As well as being Regents University accredited, Paul recently completed ADRg civil/commercial and family training .

He has particular  knowledge and experience of housing, property/commercial, medical and public law issues and employment, workplace, family and educational disputes. He is a member of two mediation panels: Clerksroom, which has excellent conference call facilities, and the Business Mediation Group. In his spare time Paul enjoys cooking, football, test cricket and listening to the blues, and fundraises for his school.

You might be interested in

FAMILY MEDIATION SERVICE

Going Through Divorce? What you Need to Know about Family Mediatiors

Published on
Johnathan Pease Accredited Family Mediator and PPC
Johnathan Pease
Accredited Family Mediator
and PPC

Surgeons, mediators and medicine men.

Whenever we hear these job titles, we have an immediate impression as to the type of person we’re speaking about.

Surgeons are seen as highly trained specialists we entrust with our lives.  Medicine men, on the other hand, are snake oil salesmeisters who dupe dim witted customers from a horse drawn wagon (or any home shopping channel) into buying worthless cures for baldness, arthritis and bad breath – often all at the same time!!!

But what about Mediators?

Even though, as a profession, mediation has been growing in the UK since the late ’70s, until recently it has largely fallen under the radar of the average citizen.  But things are changing and they’re changing quickly.

The effects of budget cuts on the Courts and Legal Aid notwithstanding, divorcing couples are simply less and less willing to add insult to the injury of the end of their marriage by squandering their life savings on lengthy legal battles.  So where  do these couples turn? A Family Mediation Council Accredited (FMCA) mediator is the professional alternative.

The Family Mediation Council (FMC) and mediators alike want to ensure that these separating families know that when choosing a mediator, they are turning to a solid, respected professionals and NOT  a Medicine Man.

The Family Mediation Council Accreditation (FMCA) scheme ensures that mediators holding FMCA status have not only completed the required training, but have gone on to substantially demonstrate a number of important competencies in actual practice whilst being supervised by a suitable qualified and registered Professional Practice Consultant (PPC).

These efforts are not just about changing public opinion however.  The FMC wants to ensure divorcing couples that when choosing an FMCA mediator, they are contracting a highly trained specialist who can be entrusted to help them work through their finances to reach a fair and equitable settlement solution, as well as helping them create workable co-parenting plans.

The gap between surgeons and mediators may never close fully, but the robust training and accreditation requirements of FMCA mediators mean that we are moving closer to surgeons every day.

About the Author

Johnathan Pease, of New Landscape Mediation, is a highly experienced family mediator with over 20 years of experience working in family conflict resolution both as a mediator and Family Consultant.

A fully accredited BACP psychotherapist, Johnathan holds several qualifications with ADRg – including Direct Child Consultant (DCC). He is an accredited Civil/Commercial mediator, a member of the UK College of Mediators, and an affiliate member of Resolution.

Johnathan’s flexible and pragmatic approach to mediation makes the most of his understanding of interpersonal dynamics for the benefit of all concerned.

As a father of 2 children, and having experienced a family breakdown himself, Johnathan recognises that there are often many layers to the end of a marriage hindering a successful settlement than first meets the eye. Johnathan applies his varied training and life experience to the time sensitive and practical needs of family mediation with consistent success.

You might be interested in

Difference Between Arbitration and Mediation

Which Divorce Process? Difference Between Arbitration and Mediation

Published on
Charmaine Hast - Wedlake Bell
Charmaine Hast
Partner and
Head of Family Team

TDM speaks with Charmaine Hast, Partner and Head of Family Team at Wedlake Bell – on Family arbitration as a divorce process.

If you’re going through divorce and are wondering which divorce process to use for your divorce proceedings, you may want to listen to this.

Charmaine Hast talks about family arbitration and the difference between arbitration and mediation.

Questions asked and answered include:

What is Family Arbitration?

Instead of going to court, family arbitration is an easy quick method of trying to cut down on time and legal costs.  You don’t have to wait for a judge to fit your case in his/her list of other cases to adjudicate on a particular day because with arbitration, you choose your judge and you choose your timetable.

What is the Difference between Arbitration and Mediation?

Family Mediation is where the parties work out the terms upon which they’re prepared to agree, whether it’s children matters or  financial matters.  It’s by negotiation and there’s a mediator helping the parties reach a decision.

What you’ve got with arbitration, is that you’ve got two parties who say they’re happy to use the arbitration system, rather than the court system, and what happens is that the arbitrator is actually the person who says to parties, you’ve signed up to arbitration, this is my judgement.

What are the Benefits of Family Arbitration?

Speed!  You don’t have to wait for a court process,  If you issue proceedings today for children matters, you’re first hearing maybe in 2 weeks time or in 3 weeks time.

Is an Award Legally Binding?

Before you enter into arbitration, you’re actually signing a document, which is a standard form, set by the Chartered Institute of Arbitration. 

Both parties sign up to it and you’ll be bound by the arbitrator’s decision. 

The advantage of that is, the arbitrator’s decision is then binding on you, as the parties. Not only will you get a decision which is an arbitrator’s decision, you will also get a decision which is a court order.

Who are Arbitrators and what Credentials do they Have?

There’re retired high court judges, retired district judges, mainly barristers and a few solicitors.

 

Other questions in the interview include:

 Do I still need a Lawyer to Work with me During the Divorce Process?

How does it Work? What does the Process Entail?

Charmaine is regarded as an expert in English Family Law.  She is also a Family Solicitor Arbitrator.

She has particular experience in advising on big-money and big-name divorces. She is able to advise on cross-border money matters and has a particular interest in trusts and pensions.

Charmaine’s practice covers divorce, separation, civil partnerships, pre- and post-nuptial agreements, co-habitation agreements, children issues, abductions and international law.

Contact – wedlakebell.com

 

You might be interested in

/

How to Generate Extra Income as a Family Lawyer by Becoming a Family Mediator

Published on
Austin Chessell www.thedivorcemagazine.co.uk
Austin Chessell

Legal Aid may have gone for a lot of Family and Children legal matters but there are still other avenues to consider to complement your Family Law background.

In this article Austin Chessell from FAMIA will share his experience of how to move into Family Mediation and some of the challenges and liabilities he faces as a Family Mediator.

Shifting the Weight of your Experience:

What training, soft skills and otherwise, do you need to develop as a family practitioner in a post Legal Aid Sentencing and Punishment of Offenders world.

I have been involved in the field of Family Law sector since 2005.

In 2010 I wanted to not just work as a Family Solicitor.  I wanted the challenge of working with separating couples not just individuals.  I wanted to work with separating couples that focused on the families’ interests rather than having fixed positions.

I looked into how this could be achieved and decided to train as a Family Mediator.  A lot of Family Solicitors or Counsellors move into the field of Family Mediation.

Five years on I am now doing more work as a Family Mediator than as a Family Solicitor.

The foundation training costs around £2,500. If your firm is not willing to pay this then you might wish to consider funding this yourself and then being reimbursed when you start to see clients.

Once you have started to mediate then you can build on your mediation knowledge. A lot of the families I work with have an international element to their issue so it is important to keep up to date in this area.

If you enjoy working with children then you should consider doing the Direct Consultation with Children course.

Once you complete your accreditation you may want to be a supervisor and undertake Professional Practice Consultant (PPC) training.  I completed the PPC training last year and I am working with several supervisees who are working towards accreditation.

An Out-of-court Options Update

I am working with several families at the moment in mediation where they feel that communication has broken down and also one or both of them feel that there is no trust.

The first session was used for the separating couples to discuss strategies on how communication and trust can be worked on and improved even before we started to discuss childcare and financial matters.

becoming a Family MediatorThe courts are becoming aware how important a role Family Mediators can play in helping to resolve family matters out of court. I am involved with schemes at the Central Family Court and Barnet Family Court where, for cases having the first hearing, the courts are trying to encourage the separating couple to try mediation if both clients are willing and the matter is appropriate for the mediation process.

I am pleased that I went on an online mediation training course with Stephen Anderson. I am getting more and more clients where one client is not based in London. I have used Skype for clients.

Last month I did a Skype mediation for a client based in Ireland who had a disability and another case where a mother lives in Hong Kong to focus on financial and children matters. Make sure you do a test Skype mediation call before the actual mediation if you are doing a Skype mediation session.

I notice more recently that Solicitors are looking at ways to regularly work with mediators. I am part of the scheme with Dialogue First where clients choose this process. The clients have a Solicitor assigned to them. The clients can then seek legal advice from their Solicitor after each Mediation session.

Clients come to mediation having a general knowledge that if they can resolve matters in mediation it is generally a cheaper, quicker and less adversarial process than going to court. The last few years clients seem to be more informed of what mediation is and how it works before I meet them.

If mediation does not resolve on every matter then there is the possibility for the matter to be referred to arbitration if both clients want this to happen for a binding decision. I am looking forward to discussing Family Mediation and Arbitration with Charmaine Hast from Wedlake Bell on 16th March at the Solicitors Journal live event.

 The Unbundling of Services: Challenges and Liabilities

In mediation you ask screening questions with each client at the start of the process to try and establish which cases are not appropriate for mediation.

Recent examples of mediation matters that have not proceeded are where one client to the mediation process did not want to make a full financial disclosure of their assets and the other client believed that some assets were being hidden.

Becoming a Family Mediator

It can also sometimes be a challenge where one client wants to see you for a shortened Mediation Information Assessment Meeting (MIAM). If a client has attended a MIAM before with another service then I may do a shorter MIAM but if it is a client who is new to mediation I explain that most clients I see for a MIAM to do it properly takes around 45 minutes to an hour.

Some mediation cases where Lawyers are present, it is sometimes a case of if the clients need some space with just them and the mediators and no Lawyers to let the Lawyers know this. You need to do what is right for the clients.

Most of my Family Mediation cases work on the model of 90-minute joint sessions but half a day and full day mediation sessions are possible if the clients have a court case taking place very soon.

It can be quite expensive at the start of the mediation journey with the mediation foundation course fee and regular supervision meetings.

It takes time to build up a mediation caseload. Find time to create a plan of how many clients you would like to work with and decide what action and networking needs to be done to achieve this.

My plan is always changing but if you have a plan you have something to aim for. Marketing can often take place outside of work hours so if you are attending breakfast events or late night networking, aim to attend events that you enjoy being at. I tend to find having a chat with one to two people works better rather than going round the whole room to aim to speak to everyone, but again you need to find a networking strategy that works for you.

I am now working at a fixed office in Angel at the Business Design Centre for Family Mediation meetings. Five years ago I used to rent rooms in offices over several offices across London. This was good initially to keep the room hire costs down but I found that a lot of time in the day would be lost travelling from North, East and Central London so I now aim to get clients to meet me at one location.

Make sure that you have mediation insurance in place and that you have the right level of cover especially for financial mediation matters.

Other Areas of Law that Family Practitioners could Work in to Strengthen their Skillset

I have been able to diversify my Family Law skill set by undertaking training to become a Collaborative Family Solicitor and Family Mediator.

I want to be known as a specialist Solicitor and Mediator. A lot of clients when they come to you, want to work with someone is a specialist in their area. I think it is harder to get this message across if you work in lots of areas of law.

In Family Law I work within the areas of divorce, finances, children, relocation, pre-nuptial and post-nuptial agreements, domestic violence and child abduction.

In Family Mediation the matters, I tend to cover are how the divorce will commence and who is the Petitioner, childcare, finances, direct consultations with children, grandparents wanting to see their grandchildren and also LGBT families.

Thinking Ahead if you want to Become a Family Mediator

If you are thinking of becoming a Family Mediator do your research.  Make sure that the foundation course you are signing up for will be recognised when you apply for accreditation.

Before you start to mediate you will need to observe some mediations and also do some co-mediation hours. See what opportunities are available for this. I found that I had more opportunities to observe and co-mediate by contacting mediation services outside of London.

Try to find a PPC who you are comfortable working with.

When I started mediating, I found that I had to ask a lot of practical questions and when I started mediating with clients the questions I had were more about dealing with the client and the process. Make sure that the PPC has time to supervise you as sometimes you may need to speak to the PPC urgently.

If you do not have enough cases to be accredited then you might need to consider whether you charge mediation clients less than other local mediation practices or co-mediate on a pro-bono basis with an established mediator.

Once you become accredited a lot more opportunities become available. Getting the accreditation for me has been my biggest challenge as a mediator. It took around two years for me to get the required cases for the portfolio.

If you are from a legal background you may want to consider going on a level 2 and / or 3 Counselling diploma course. I found this course very helpful when writing up my reflections for the mediation portfolio.

I have written several Family Mediation updates for Solicitors Journal since 2011 covering some of the above in more detail. These articles should still be available on the Solicitors Journal website to help with your Family Mediation journey.

About Austin

Austin Chessell is an accredited Family and Child Mediator at FAMIA (www.famia.co.uk) across Inner and Greater London. Austin is also a Professional Practice Consultant.

Austin is a Collaborative Family Solicitor at Feltons Solicitors in Knightsbridge.

Twitter @FamilyLawLondon

You might be interested in

family mediation

What Good is Mediation?

Published on
Simon Robinson Barrister and Family Mediator
Simon Robinson
Barrister and Family Mediator

What good is mediation?  This was the question I was recently asked by a client.

John[1] had separated from his wife, Jane, with whom he had three children, and divorce proceedings had started.  John wanted to know how mediation would help him and was sceptical about its voluntary and impartial nature.

Mediation is voluntary and does depend on the commitment and goodwill of all those involved.  These may be its weaknesses, but they are also its strengths.

Mediation is more personal than a court case as its you, your (former) partner/spouse and the mediator(s).  This can help everyone get straight to the issues, and you, the parties, decide what these are.

A court case is inevitably formal, and there are complex rules, procedures and strict time limits. Mediation is much less formal and the parties are able to talk directly to each other, rather than via lawyers making submissions to a judge.  This doesn’t mean it’s a free-for-all, as mediators will make sure that everyone gets to have their say in a safe and respectful environment.

The freedom to express emotion, without it being held against you, can be one of the most important benefits of mediation.

As a mediator, I’ve heard clients say how valuable it was to be able to tell the other person how they felt.  This can significantly help you to acknowledge the complex emotional issues involved in your situation in a way that enables you to focus on working towards a resolution.  Whilst courtrooms can be the scene of high emotion and drama, experience demonstrates that they are unlikely to feel a safe environment within which to express those feelings.

Mediation is confidential, and so you can feel free to say what you feel you need to.

The only times mediators will break confidentiality is where we have to do so because there is a safeguarding concern about a child or vulnerable adult or to prevent a crime being committed, such as money laundering.

You might understandably feel nervous about going into a room with your ex-partner and having a face to face discussion about personal and emotive issues. But you’re not on your own.

Mediators are trained to level out any power imbalances between parties and will step in if we feel that one person is being overbearing or to prevent a discussion becoming an argument.  I’ve frequently mediated with colleagues of the opposite sex and this can be a good way to help balance out gender differences and ensure that no-one feels isolated.

What good is mediaiton
What good is mediation?

Mediators are impartial, but that doesn’t mean we just sit on the fence.  We’ll give you clear, unbiased information, but not legal advice, and we may actively manage the process so that you can work on resolving as much as you can.

Its not essential to get an agreement on every single point.

Mediation can be successful if the parties narrow down the issues. For example, you might agree arrangements for contact with your children, but don’t agree on whether the family home is to be sold.

The fact that you’ve agreed some issues can save you time and money if you need to go forward to a court hearing or family arbitration.

You can also come back to mediation if necessary and this can be particularly helpful when discussing changes to contact arrangements.

Mediators, and the Government, justifiably say that mediation can be quicker and less expensive than going to court. According to the Ministry of Justice press release of 7 January 2014, an average divorce case costs about £4,000 whereas mediation can cost about £500.  Whilst mediation is less expensive than litigation, that doesn’t mean that mediators are cheap or somehow a lesser service. 

Mediators are professionals, and we may be lawyers, therapists or from another background.  All of us are professionals and comply with a Code of Practice and must meet quality standards.

So, if you go to mediation, does that mean you don’t need lawyers? Not quite.  Although mediators help you to reach an agreement, you’ll still need some legal advice.

This is to help you make sure that your rights are protected and as its often best to then turn your agreement into a court order.  Solicitors and barristers can help you do this, and if the mediator has given you a clear written summary of the agreement, then that will help keep your costs down too as the lawyers will have to do less work.

At the end of the day, a mediation is where you are able to talk about your situation and you hold the decision making power.  In court, although you can put forward your views, a judge will make the decision for you.

Judges in family courts, as well as family arbitrators, are experienced and highly trained people who are committed to deciding cases openly and fairly, and at least some are also mediators.  But, if you can work out a resolution on at least some issues, it can be a way to help you move on with your life.

It can also be a good foundation for co-parenting with your former partner/spouse.  Whilst your roles as partners has ended, your roles as parents will continue, and mediation can help you to do this.

Simon Robinson LL.B(Hons) LL.M MCIArb,

Barrister and Family Mediator

simon@peoplemediation.com

 

[1] Individual’s names have been changed for privacy

You might be interested in

high stakes - divorce story

Choosing your Divorce Lawyer or Family Mediator

Published on
Women and Divorce
Wendi Schuller
Author of
The Global Guide to Divorce

There are several ways of finding the right solicitor or mediator for your divorce.

If you know someone in any area of the legal field, ask them whom they would personally select.

Another way is to query people that you value in the professional world who they would get for a divorce. That is how I found my solicitor when needing one in a hurry for my divorce. A man that I regularly did business with insisted that only one solicitor would do. I respected his opinion and this particular name came up again and again so that was who I hired to represent me in my divorce proceedings.

There is a lot to be said for word-of mouth recommendations.  You hear about both the good family solicitors/ family mediators and the less stellar ones who bump up legal fees.

Information at the school gates can be valuable. Many of these parents have been through a divorce or know someone who has and can give some advice on this subject.

One mum at my son’s school warned me that my solicitor was like a pit bull – aggressive and occasionally bit its owner. This sage advice made my relationship easier with her, particularly when she was blunt or did not agree with me on some points.

Go online and see who is rated highly in Family Law and has won some professional awards.

If you have heard good things about certain law firms – see if they also do divorces. They want to maintain their esteemed reputations so will hire the brightest in their fields.

Choosing your divorce lawyer
Choosing your Divorce Lawyer

An online search for local listings gives one a beginning point. Go to the individuals’ web sites and also check out their law firms’ ones. See which ones are more appealing and follow up on those. This is also a way to see who is not, and avoid putting those names on your list.

Look at recommendations and low ratings online. Keep in mind a mediator or solicitor may have had 2000 clients who were ecstatically happy with them and their results. The one disgruntled former client may be the only person who submits a rating online, which may make that legal professional erroneously appear less effective.

There are some great divorce package deals online and that makes it easier to see who fits best for your budget.

Top law firms also participate in naming a specific price for various types of divorces. Some of the categories include: uncontested (when both parties agree on getting divorced), contested ones where one person may not want a divorce or has some other issue. The package may be for couples without children. The packages vary per law firm. If you are narrowing down solicitors, see of any advertise a packaged deal. If you really like someone, you can ask if they do any, if none are listed on the web site.

A divorce package has services bundled together for a certain price. If the divorce becomes quite complicated, then other ones may be added ala carte.

Many law firms offer a free initial consultation for a specified amount of time. This is a great way to see whom you click with and would be comfortable sharing your personal information.

It is easier having a face-to-face meeting with a few solicitors or mediators to get a sense if you two are a good match. Some law firms specialize in certain types of clients. If you are a high net-worth client, see who has been in the news lately for getting huge settlements for their clients. Some men may prefer going to a law firm that only accepts male clients for divorce.

Determine if you want to go the mediation route or if you want a solicitor. There are many articles in The Divorce Magazine that explain the differences and singularities to help you decide which one to choose.

Also determine if you want a collaborative divorce, where the solicitors work together in the process, or if you want to go to court. What you decide for the type of divorce process you desire, determines which legal professional that you will hire.

More and more family law solicitors are becoming certified as divorce mediators. If you are on the fence regarding which type of divorce you would like, consider this option. Select a divorce professional that is both a solicitor and mediator. They can go over collaborative vs mediation and work with you in deciding which way to go with your divorce.

 

CLICK HERE FOR MORE ARTICLES BY WENDI SCHULLER

ABOUT WENDI

Wendi Schuller is a nurse, hypnotherapist and is certified in Neuro-linguistic Programing (NLP).

Her most recent book is The Global Guide to Divorce and she has over 200 published articles.

She is a guest on radio programs in the US and UK. Her website is globalguidetodivorce.com.

You might be interested in

About Family Mediation

Family Mediators Association – Survey Shows Huge Gap in Access to Information for Divorcing Couples

Published on

Family Mediators Association Family mediators are calling for more practical information and support for divorcing and separating couples after a recent survey by the Family Mediators Association revealed that couples are struggling to access the information they need to help them make informed decisions about their family and financial issues, with up to 38% of people unaware that there are more ways to resolve these issues than going to court or using a solicitor.

The poll, conducted by YouGov in support of Family Mediation Week, revealed that people’s satisfaction with the resolution of their issues is related to their access to information about their options – survey participants who were happiest with the outcome of their separation were those with the best access to information about the options available to them.

Nationally, 49% of respondents reported that they felt positive about the outcome of their separation; this rose in areas where participants had the best access to information, but fell in parts of the UK where participants were unaware there were other options available. Nationwide, 15% of people were unaware that there were methods of resolution other than lawyers or court available, which rose to an astonishing 38% among younger respondents.

Additionally, the survey revealed that almost a quarter of separating or divorcing couples pick a method for resolving their issues because it was the cheapest option available to them, but that few couples are aware how the costs of different resolution methods actually compare. Figures from the Ministry of Justice show that mediation tends to be far less expensive than many of its alternatives, but only 2% of respondents reported that they used a family mediation service compared to a total of 35% negotiating through court or solicitors, showing that couples aren’t always aware there is a cheaper alternative.

In light of these results, family mediators are calling for increased availability of practical information and support for separating couples trying to decide how to divide their assets or organise time with their children.

Beverley Sayers, chair of the Family Mediators Association, says: “This research reinforces what many of us in the mediation profession are experiencing on a daily basis. People simply aren’t aware of the options available to them when they separate or divorce, but – as the research findings show – people who make informed decisions based on information and knowledge are generally happier with the outcome of their separation.

“That is precisely why we are supporting Family Mediation Week, which has a single aim: to increase awareness of the benefits of mediation for separating families, to help more people make informed choices about the resolution methods that are best for them and avoid having decisions imposed on them by the courts.”

Running from January 11th-15th, Family Mediation Week aims to empower divorcing and separating couples to make the best decisions for themselves and their families through improving transparency, education, and availability of information. Throughout the week, family mediators will organise initiatives and resources for the public to help raise awareness of family mediation. These include blogs, videos and online resources on the Family Mediation Week website, as well as events and drop-in sessions run by family mediation professionals across the UK.

For more information, please visit:

Family Mediation Week

The Family Mediators Association

Ministry of Justice

 

About the Family Mediators Association (FMA)

The Family Mediators Association is a membership organisation for family mediators. Formed in 1988, it currently represents almost 400 trained family mediators in England and Wales. Its members are professional family mediators trained to a high standard from a wide range of different backgrounds, including family counsellors, lawyers, financial specialists and experts in child development. www.thefma.co.uk

 

About family mediation

Family mediation is a process that enables separating couples to negotiate face-to-face about the arrangements for their future with the help of a qualified, skilled and experienced third party.

Family mediation is confidential, voluntary and impartial. All of the decisions made during family mediation are made by the couple themselves. It provides families with a structured and safe way of resolving their differences at their own pace, with guidance from a trained professional and encourages them to focus on the needs of children and to take into account everything that individual family members believe to be important.

Family mediation can be used effectively by separating couples and families of all types, including cohabiting or same-sex couples.

 

You might be interested in

FRIEND OR FOE

Family Arbitration – Friend or foe

Published on

Suzy Miller www.thedivorcemagazine.co.ukSo are family law solicitors going to support the education of their clients with regard to accessing Arbitration – or are they going to effectively hinder the process?

Arbitrator Olive McCarthy believes that a setback to the scheme is that unfortunately other family solicitors have yet to embrace the revolutionary process and its benefits. “Arbitrators believe this maybe through a fear on the part of solicitors that they will lose out by referring to Arbitration.

However, clients need representation and advice in the process.

Another fear they may have is that if an award favours one client, the other client may complain about the choice of Arbitrator if their solicitor nominated the Arbitrator. However, The Institute for Family Law Arbitrators (IFLA) can nominate an Arbitrator instead.”

Olive thinks that solicitors may be unsure as to what happens in the process and do not want to look inexperienced in front of their clients. She reassures them: “It’s similar to a First Appointment in financial remedy proceedings but can be adapted so as to suit the circumstances of the case. Nothing to fear!” 

David Hodson OBE, Partner at The International Family Law Group LLP, was the originator and one of the creators of the English family arbitration scheme, and one of the first trained.

He says: “It took 10 years for family arbitration to go from a good idea through to possibility then to reality but it has arrived at just the right time.

family arbitration friend or foe
Family Arbitration – Friend or Foe

With the dramatic cutback in legal aid, ever increasing legal costs, real delays in having cases heard in court and with many people wanting a more flexible and adaptable system for resolving disputes, this is really a good time and opportunity to use family arbitration. Many have already done so and have felt it has been a beneficial experience and outcome. It should be considered by many people and their lawyers.”

James Pirrie of Family Law In Partnership is a staunch supporter of Arbitration and is frustrated by the lack of support from other divorce professionals:

“My experience is that we try much harder as arbitrators and work with fine scalpels instead of the meat cleavers that are more often in evidence at court just because of the pressures of the court list.

I find it infuriating that the resistance to stepping into arbitration so often comes from the divorce professionals.

In their daily lives, those professionals struggle within the court system to deliver principled, efficient, careful and affordable outcomes to their clients but they don’t take the step over the threshold into arbitration which is the system that would enable those goals to be delivered so much more easily.” James Pirrie, Solicitor, collaborative lawyer, arbitrator, mediator & Board member Resolution

I think it will be interesting to see how many Family Law Solicitors in the UK will recommend Financial Arbitration as a good option for those couples who are struggling to come to an agreement on a financial or legal issue.

As is the case with Mediation and Collaborative Law, I feel strongly that it is the general public who need to be more aware of the options open to them, and not wait for the legal profession as a whole to embrace another great tool in the toolbox of a non-adversarial divorce or separation.

The benefits are summed up clearly and in plain-English here by Mediator and Arbitrator Nadia Beckett of Beckett LLP in this short video, and even to a non-legal person, the benefits do seem to be overwhelmingly clear:

For more information regarding Family Arbitration, refer to the IFLA website: ifla.org.uk.

 

By Suzy Miller creator of the Alternative Divorce Guide and the Living Together Agreement

You might be interested in

family arbitration

Is Family Arbitration a Flash in the Pan?

Published on

Suzy Miller www.thedivorcemagazine.co.ukIt seems clear that Family Arbitration has something to offer in the divorce arena, but will it be adopted by the legal profession as another tool in the divorce tool-box – or be quietly left in a cupboard to be brought into the light only by a small band of hard-core enthusiasts?

It does have some limitations – currently, Arbitration cannot be used to decide children matters.

“Arbitration is certainly …a huge untapped resource at the moment… it can determine financial matters be it a discrete issue such as the level of maintenance or all issues as to financial/property settlement between spouses or unmarried couples…. It is not yet used for matters relating to the welfare of the children.” Olive McCarthy, Breeze & Wyles

Yet – according to Family Arbitrator, Sir Peter Singer – there are some who predict that as a logical development the Family Court judiciary will support this when English private children law principles are applied by experienced and trained family practitioners.

“They point to the fact that child issues are already arbitrated under Scotland’s version of the IFLA Scheme, and anticipate a parallel development south of the border.” Sir Peter Singer

Is Family Arbitration inherently part of an adversarial process?

From legal minds I have heard the viewpoint that Arbitration is inherently ’adversarial’, because it involves someone else making a decision on behalf of the couple.

But personally – as well as in my role as the Alternative Divorce Guide – I see an enormous difference between a couple in mediation mutually agreeing to instruct a highly qualified person to make a decision on a financial issue, which the couple are unable to resolve themselves – and then to continue on with the mediation process – rather than the alternative.

That alternative can often be that the couple give up on their mediation process and go to court, where the mediation agreements to date might be disregarded by the judge. High costs, more inconvenience and greater emotional trauma for the whole family will often ensue.

Because Arbitration keeps the couple ‘in control’ of the process, that in itself should encourage a greater level of communication and cooperation, compared to if they are throwing letters at each other via separate solicitors.

Christopher Pocock QC sees Arbitration as an empowering process for clients: “If you start the arbitration process and then agree, or agree part, that is fine – the arbitration is your process, so insofar as you agree something, it happens”.

Is Family Arbitration just for the rich?

But paying for your own ‘private judge’ – is that something that most ordinary people will be able to afford, or to access? Sir Peter Singer believes that Arbitration is accessible to most people navigating divorce:

“I would like to emphasise that arbitration is not just for the rich and famous: it offers many of the same advantages to Mr and Mrs Average as to those whose net worth is high. And amongst the 130 or so MCIArb qualified arbitrators there is a range of talent and experience and a spread of geographical availability which puts them within the range of most any couple otherwise headed for court.” Sir Peter Singer, Family Dispute Resolution Facilitator and Arbitrator (MCIArb)

“Arbitration is the way forward, the benefits are huge for clients particularly the costs. In the last year, some of the most eminent members of the profession agreed to fix the costs of achieving an award for £1,500 plus Vat – that’s £750 per person in straight forward cases. So strong is the belief and commitment to this scheme, Arbitrators were prepared to effectively “put their money where their mouth is” in making this offer.” Olive McCarthy, Breeze & Wyles

So is Family Arbitration being taken seriously?

Is Family Arbitration
Is Family Arbitration just for the rich?

Arbitration is being taken seriously by judges – perhaps because it has the potential to release some of the burden of litigants clogging up the courts.

The arbitration process for financial disputes in general and the IFLA Scheme in particular has received important endorsement from the President, who heads the Family Division, in a case he decided earlier this year: S v S.

He made it clear that in normal circumstances a court should be swift to confirm an arbitrator’s award in a court order, and to preserve the confidentiality of the process so that individuals and their financial arrangements will be kept free of press or public comment.

Further impressive support since that decision has come from the Financial Remedies Advisory Group’s report at the end of July which, amongst other things, recommended that the President should issue Guidance specifically directed to arbitration and produced a draft which is currently the subject of consultation.

The convenience factor

Perhaps it is the flexibility and convenience of Arbitration that will make it popular with busy professionals who just don’t have the time to battle out their divorce in the court room, let alone the desire for all that additional stress and misery.

“The Arbitration process is flexible in relation to timing. No need to wait for the court to appoint a judge when it suits the court diary. Family Arbitrators are likely to be able to arrange their diaries to suit the parties. So this means late sittings or even weekend sittings. So the couple are not faced with having to come back on an adjourned hearing in 2 or 3 months’ time because the judge is not willing to sit after 4-30.” Martin Loxley, Partner Irwin Mitchell LLP

Who needs to be convinced first – the public – or the legal profession?

Not only do the public need to understand the benefits of Family Arbitration, but so do family lawyers – as it is another tool in the divorce tool-box that can benefit their clients. It’s usefulness is too immense to be disregarded. According to Sir Mathew Thorpe, Arbitration could be one of the most significant developments in the field of dispute resolution…. Ever.

“The creation of the Institute of Family Law Arbitrators in 2012 provides couples with the opportunity to choose arbitration regulated by Arbitration Rules and affiliated to the Chartered Institute of Arbitrators. There has been no more significant development in the history of Family ADR.” Sir Mathew Thorpe

I feel that a process that can add to the empowerment of a couple navigating divorce, by becoming an additional resource to call on during the mediation process if and when required – rather than to take their power away and hand it all over to a judge – has got to be a process worth taking seriously.

“I am quite sure that Arbitration is the future. The court system is woefully underfunded and it is going to all but collapse under the weight of litigants in person.

Family Arbitration provides a flexible and cost-efficient means of resolving disputes.  There is no “one size fits all” approach; the nature and number of hearings is tailored to the particular case.

Family Arbitration can deal effectively with all cases, from those where absolutely everything is in dispute to those where only a few minor issues remain.

It is ideal for those cases where the parties wish to retain control over the timing and cost of the process but nevertheless need someone to decide the case – or parts of it – for them.  The procedure being tailored to each individual case, it is extremely time and cost efficient.” David Walden-Smith MCIArb, Barrister & Family Arbitrator

For more information regarding Family Arbitration, refer to the IFLA website: ifla.org.uk.

Suzy Miller creator of the Alternative Divorce Guide and the Living Together Agreement

You might be interested in

Family mediation training

How Becoming a Family Mediator/Professional Practice Consultant (PPC) can Generate Additional Income for Family Lawyers and What to Look for in Choosing a PPC

Published on
Austin Chessell www.thedivorcemagazine.co.uk
Austin Chessell is a Professional Practice Consultant (PPC) and a Collaborative Family Solicitor at Feltons Solicitors

Introduction

At a time when the legal aid cuts are beginning to bite and the Government is trying to free up Court time by requiring Applicants to consider alternative dispute resolution as an alternative to proceedings (e.g. Mediation Information Assessment Meetings or “MIAMs”), some Family lawyers are branching out into Family Mediation to compensate for the drop in fee income resulting from the cutbacks.

In this Article, Family solicitor Austin Chessell explains how he has done exactly that by using mediation in a way which allows him to continue practicing Family Law and provides some tips on how to go about it and progress to being a PPC (Professional Practice Consultant).

 

My Family Mediation journey so far has been very interesting because in addition to my Family Law practice working as a mediator has allowed me to build up a caseload for couples who have decided they want to separate out of court in a cost effective, timely and non-adversarial way. I still represent clients who want to go to court using the traditional route, but this is only part of my caseload. Five years ago I was working solely as a Family Solicitor, but now Family Mediation accounts for roughly 45% of my work.

The entry point to practicing as a mediator is to complete training that is run or approved by one of the member organisations of the Family Mediation Council (‘FMC’). The member organisations are:

  • National Family Mediation;
  • Family Mediators Association;
  • ADR Group;
  • College of Mediators;
  • Resolution;
  • The Law Society.

As explained below, there are several layers of qualification consisting of:

  • Family Mediator – this is the entry level which allows you to practice as a mediator but only on private cases, not legally aided ones. It does not enable you to do MIAMs.
  • MIAM training – this enables you to do MIAMs.
  • Accredited Family Mediator – this allows you to do legal aid family mediations.
  • PPC – this enables you to supervise trainee and qualified mediators.

How to get started

You need to become a member of a Mediation body and choose one of their supervisors (called a Professional Practice Consultants (a ‘PPC’)) who guides you through the process below.

The relationship with your PPC is an ongoing one (even if you become a PPC) and membership of your Mediation organisation needs to be renewed yourself annually and backed up by professional indemnity insurance once you are qualified.

You then need to complete a Foundation Mediation course which takes about two months. Not all mediation organisations provide their own training but there are several third party training bodies. I did mine with Hertfordshire Family Mediation Service. Check with the trainer that the foundation course will be recognised when you write up your portfolio for accreditation purposes.

Having completed the Foundation Mediation training, you need to find mediators who will let you observe their mediation sessions and co-mediate with them before you can start practicing as a qualified Mediator.

You will need 10 hours of co-mediation experience and observe several mediation sessions. You also need to meet with your PPC for four one hour meetings each year. You therefore need to be highly motivated to find a mediation service provider for experience, and network with their mediators to observe their cases and find people to co-mediate with. Only then can you start mediating on privately funded mediation cases.

You will also need to meet continuous professional development requirements.

Legal aid mediation cases require you to be ‘accredited’ as mentioned above. I am based in London and found I got more observations by traveling outside of London to places like Kent and Milton Keynes as the London mediation services seemed to have lots of requests from trainee mediators for observations and I did not want to wait a long time to continue my mediation development.

Choosing your PPC

Becoming a family mediatorChoosing your PPC is an important decision. Take your time to have an introductory meeting with them. Each PPC will have their own style whether it is administrative, educative or supportive or a combination of all three. You are going to need to meet your PPC several times each year and work with them for several months to years if you also plan to prepare a portfolio to become accredited.

Over the past 5 years I have been supervised by 2 different PPCs. Both are from counselling backgrounds. I have found it useful for me to develop by having a supervisor from a non-legal background, although I would not rule out having a PPC from a legal background in future.

When I first started mediating, it was hard to stop thinking like a Solicitor and play the role of Mediator, but it now feels more natural after discussing techniques on how to do this with my PPC. It is important not to give legal advice in mediation sessions as this is not the role of the mediator, but obviously an understanding of the legal background is an advantage.

You will find you get more out of a supervision session if you plan in advance the points that you would like to discuss with your PPC, as the one hour sessions can go very quickly. You also need to make sure the supervision sessions are boundaried to maintain a professional relationship.

PPC’s are also useful as sounding boards to explore if you are ready to do the next stage of mediation training.

After the 10 hours of co-mediation and several observations (in my case I did 5), your organization should recognize that you are qualified to practice as a mediator and be able to work with privately funded cases. In my case my PPC provided me with a readiness to practice document.

MIAM training

If you want to progress to doing MIAMs you need to do a one day MIAM training course. In my case the course was run by my mediation organisation and approved by the trainer and my PPC. Also, you will need your PPC’s written support and be working towards accreditation if you are not already accredited.

The MIAM is a meeting between the client and the mediator to see if there are alternative ways to reach proposals with the former partner rather than going through the Courts. The mediator will explain to the client what the options might be, how mediation works and what it is, the benefits of mediation and other ways of resolving disputes, the likely costs and considering elegibility for legal aid.

As readers will know, MIAMs are a pre-requisite to commencing proceedings for children and financial matters at Court, so it is an obvious work stream for Mediators.

From my experience a lot of clients who come to a MIAM still decide to go to court for their financial or children matters but do come back to mediation after court when the realise that the court does not always have the outcome they want!

If you would like to be able to mediate with children further training is needed (in my case a two day course and a written assignment).

Accreditation

The next level is ‘accreditation’ which allows you to deal with legal aid funded mediations. This is a complex and time consuming process as it requires writing up a portfolio of three cases and satisfying the following checklist to be submitted to the accrediting organisation:

  • Personal training and development plan
  • CV
  • Foundation training certificate
  • Witness testimony from your PPC with his/her recommendations on competency to do solo work
  • Readiness to practice – assessment from your PPC
  • Personal reflective account
  • Case commentaries on three cases.

You will need to write about two completed cases relating to children and financial matters and a third case which can be about children or financial matters.

However, the above will be replaced by a new scheme in 2016. Details can be found at the Family Mediation Council website.

Becoming a PPC

Having become accredited, qualifying as a PPC requires a two-day training course followed by a written assignment to be approved by the course trainer.

Conclusion

It is very rewarding and refreshing to help mediation clients reach agreement out of court. Mediation is also a useful additional income stream for your Family Department.

Once qualified , if you are looking to develop as a Mediator and are not part of a networking mediation group, see if there is a local one, and if not, consider starting one yourself. Ask your PPC who may know if there is a group near to you. I set up the London Family Mediation Group in 2011 and it has been very educational for me to hear stories from a range of different Family Mediators and it is also a good way to keep up to date with developments in the mediation profession.

Good luck with your mediation journey!

 

This article was first published by Solicitors Journal on 11th August 2015 and is reproduced by kind permission.

Austin Chessell is a Professional Practice Consultant (PPC) at FAMIA across Inner and Greater London.

 Austin is also a Collaborative Family Solicitor at Feltons Solicitors and is a member of the Collaborative Pod group Essex Family Solutions.

 Email: achessell@feltonssolicitors.co.uk

 

You might be interested in

1 … 4 5 6 7 8 … 21