Mediation is NOT...

• Reconciliation – although the mediation process is designed to help improve communication between mediating parties. Mediation can be used by parties to discuss whether separation or divorce is the appropriate action to take. Information may be provided by the mediator upon how to implement those decisions, and the mediator may suggest relationship counselling or other forms of help and support.
• Counselling – the mediator is an independent, impartial negotiator. In the event of either party requiring counselling the mediator may be able to provide information upon how to contact a counsellor or counselling service.
• A substitute for legal advice - although the need for lawyers may be substantially reduced. Mediators are able to provide you with a great deal of information however they do not advise the parties to mediation and will suggest that you each take independent legal advice.
• An opportunity to impose views upon the other party to the mediation. The mediator ensures that both parties have the opportunity to air their views and to consider all aspects of the dispute prior to any proposals being reached.
• An opportunity to abuse participants to the mediation process. Various safeguards and checks are in place and these ensure that mediation sessions are carried out in the safest situation possible. A mediator may terminate mediation in the event of abuse of any party or the mediation process.
• Uncertain. Litigation is by its very nature uncertain in its outcome. When mediation succeeds, a final decision is reached there and then. Even when that does not happen the areas of consensus and dispute are clarified.
• Legally binding unless the parties to the mediation wish to enter into a legally binding agreement based upon the proposals arrived at within the mediation process. (Usually, the outcome of mediation is then put into a legally binding format through solicitors).
• Like the court process where the judge makes the decisions for you, the parties to the mediation are completely involved in the decision making process. Proposals are arrived at by agreement and are not imposed.

Children's issues