What is mediation?
Mediation is a way of resolving disputes without having to go through court proceedings. Fountain mediation provides you with space for safe, face-to-face negotiations led by one of our highly trained mediators.
what is mediation?
Mediation is a way of resolving disputes without having to go through court proceedings. It provides a safe space for individuals to meet with an independent person (the mediator) and discuss their difficulties and find solutions which work for them and their family. These could be arrangements for the children or financial matters which have arisen as a result of a separation or divorce.
how can mediation help?
The mediator’s role is to ensure that everyone has the opportunity to be heard and reach decisions they are comfortable with. The mediator ensures that the conversations happen in a respectful and safe environment where the focus is on resolution rather than continued argument.
The mediator will not: tell you what to do; give you legal advice or ‘decide’ what is best. The mediator is there to provide an opportunity for you to create a way forward together in a way decided by you.
Family Mediation
In family disputes, mediation can help separating couples work out child custody and financial arrangements outside of court.
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Children
Everyone wants what is best for their children. At Fountain Mediation the welfare and happiness of your children is our priority.
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Property & Finance
Mediation can help you to arrange your shared finances, property and debt in a way which suits you both and without the need to go to court.
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mediation information and assessment meeting (miam)
The first meeting is called a MIAM, Mediation Information and Assessment Meeting or first appointment. It will take place between the mediator and you alone. The purpose of the meeting is to discuss with you in more detail what the mediation process involves and other options available to resolve matters. It is also important for the mediator to understand your individual circumstances so that a decision can be made as to whether mediation is suitable for you, at this time.
One of the important principles of mediation is that it is voluntary. This means that there is no obligation for you to continue. If, after the first meeting, you decide that you do not want to continue then there is no obligation to carry on. If you decide that mediation is not suitable for you then we may be able to assist with other alternatives.
joint sessions
If you are both willing to engage with mediation, and after you have each attended a MIAM, then we will arrange your first joint session. At this meeting you will be asked to sign an Agreement to Mediate which sets out your commitment to work openly and honestly with each other and the mediator. It also underlines the confidential nature of the mediation process. We will discuss ground rules for how the conversations will take place: asking you to be respectful towards each other and to listen to each other’s point of view. We will then consider together what issues you want to resolve and start discussions of how to move forward.
number of sessions
Experience suggests that, where the process is working, it will usually require 2 to 3 sessions to resolve disputes about children. Mediation involving finances may take more, approximately 4 or 5. These are not guarantees. Some mediations take longer. Some resolve more quickly. These are a guide only. The important thing is that the progress is entirely in your hands – the mediator will not be directing the pace.
co-mediation
We may from time to time hold sessions where two mediators are present. This is called co-mediation. We do not charge extra for this approach. We simply think that, in certain circumstances, it can be the best way of achieving good results.
shuttle mediation
It is also possible to facilitate shuttle mediation. This is a process whereby, although both parties will be in the same building, they will be in separate rooms and we will stagger arrival and departure times. We fully appreciate that sometimes this can be a better approach that some wish to take.
successful outcome
Should you reach a successful outcome in mediation, the mediator will provide you with a written Memorandum of Understanding or Parenting Plan which records the outcome of the mediation process. If you have been discussing financial matters then the mediator may also provide you with an Open Financial Summary recording the information which has been disclosed within the mediation. Outcomes achieved in mediation are not legally binding. If you resolve your issues then you will need to seek legal advice as to how to formulate a legally binding arrangement if that is what you want or need.
court
If you are unable to reach an agreement through mediation, there are other alternatives open to you. Should you wish to pursue matters through the Courts, as long as you have at least attended for the individual assessment meeting (MIAM) the mediator can sign your C100 Form for proceedings involving children and/or Form A for proceedings involving property and finance.