The Mediation Centre
7/8 St.Mary's Grove, Stafford, ST16 2AT

Mediation phoneline :
01785 273133

e-mail us at : tmc@nowellmeller.co.uk

Public Funding (free Legal Aid) may be available¹

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Mediation – what to expect

There’s a lot of jargon in mediation practice (but not as much as in the law!) and we try to avoid it as much as possible. But it may be helpful to know that mediations, whatever their subject matter, usually follow a simple process as follows:
1. Setting the Agenda
2. Clarifying the Issues
3. Obtaining the Information
4. Exploring the Issues and Options
5. Evaluating the Options
6. Securing Mutually Acceptable Proposals

Setting the Agenda – what are the objectives?

Mediation is your opportunity to talk about the issues that concern you. So at the start we will agree a list of the matters we need to discuss, whether about concerns for the children, the pace of separation or divorce, or finance and property. In that way we can hold a balance between the issues and not lose sight of any of them.

Clarifying the Issues – what are the real issues?

Sometimes it can take a good deal of time to be clear about what we mean by things, so we will work hard at clarifying what matters are genuinely disputed, to avoid later misunderstandings. It can also help to look at what common ground there is, such as a mutual concern for your children, or for maximising financial assets.

Obtaining and sharing the Information

It is impossible to explore options if the information is not available. We ask you to produce that information in sufficient detail to enable us all to work through the detail of any potential solutions. In the case of finances, this means the full and complete disclosure expected by the Court; indeed, even when mediation fails to reach a solution, it can save you money by providing a cost effective way of preparing financial information for the Court. In the case of children, we ask you to provide information about their needs, wishes and feelings by way of questions and questionnaires.

Exploring the Issues and Options

Given the available information, we will then help you to consider all possible options for a mutually satisfactory outcome. It is often the case that there are options you haven’t yet considered.
Evaluating the Options – finding any common ground
By reference to legal principles, your own particular concerns, the welfare of your children, and our practical experience, we will then help you work through and balance the various options, in order to see if there is one set of options which all parties consider would be acceptable.

Securing Mutually Acceptable Proposals

If possible, we will then conclude the mediation by drawing up a Confidential Summary of the proposals you both find acceptable. Because of our legal background, we are hopefully able to draw up detailed documents which will deal with most, if not all, of the concerns of your lawyers and the Court. Our Research shows that we achieve this over 80% of disputes mediated by us. Even where a conclusion is not reached on all matters, we hope that the opportunity to explore the capacity to work together will be helpful in any future litigation.

Modifying the Process

Sometimes it helps to try different ways to resolve the dispute. We may bring in your lawyers or other professionals, work with you in separate rooms (called shuttling), include other family members (perhaps your children) or adapt ideas from commercial mediation. If we do this, we will discuss it first so that the process is clear and agreed; sometimes we will adapt the Agreement to Mediate

© 2006 The Mediation Centre
Nowell Meller Solicitors
7/8 St. Mary’s Grove
Stafford
ST16 2AT
01785 273133
www.themediationcentre.co.uk
email tmc@nowellmeller.co.uk

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