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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 |
Your Assessment Meeting with a Mediator |
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If you are the applicantBecause you are applying for Public Funding (formerly Legal Aid) your solicitor will have explained to you that it is necessary for you to have an assessment meeting with a mediator to see whether you would prefer the issue can be dealt with by going through mediation instead of the Courts. If you are the applicant’s (ex-) partnerWe have contacted you because your (ex-) partner has consulted a solicitor and it has to be ascertained whether the matter is suitable for mediation, subject to your willingness to attend an assessment meeting. The meeting can be held jointly or separately; it is your choice. There is little to be lost, and potentially much to be gained, in contacting us. The meeting is free, and experience has shown that many people benefit from the opportunity which our Mediation Service provides. The assessment meeting is an opportunity for all to decide whether mediation is a good and safe way forward. What is Mediation?If your relationship has come to an end there will be decisions to be made, whether they be to do with the children and/or finances. Agreements are more likely to work if you have communicated with each other and come to decisions together. Family Mediation is a way of dealing with some of these issues by direct negotiating with one another and coming to your own mutual decisions with the assistance of the Mediator, who will not take sides. It is a new alternative to solicitors negotiating for you, and avoiding the need to have a Court impose decisions on you. The process can be a lot quicker too. For more information about this, see our other factsheets. The enclosed Agreement to Mediate, which you will be asked to sign if you wish to proceed, tells you more. The choice is yours.If you start mediation and then decide it is not working for you it can be stopped at any time. And what you say in mediation is confidential unless there is a serious concern about the safety of anyone, particularly a child. Mediation is not counselling. If you believe that you and your partner need to talk about whether or not your relationship or marriage can be saved, you may want to contact Relate, or another counselling organisation. What is the “Assessment Meeting”?This initial meeting is for you and the Mediator to decide whether mediation is suitable for you and your situation. Your partner or ex-partner will also be given the same opportunity. Do I have this meeting by myself?You can choose to have this Meeting by yourself if you wish or jointly with your partner or ex-partner. If you choose to have the Meeting by yourself, then your partner can also be seen alone. If you both choose to proceed into mediation, an appointment will then be fixed for you to attend together. What will happen at the meeting?Even if you do choose to come to the first meeting together, you will each be seen separately to start with. On arrival you can sit in separate rooms if you wish. You are seen separately for the first few minutes for two reasons: 1. to assess whether you are eligible for Public Funding for mediation 2. and check that both of you are secure about meeting together ('screening”). Your safety is the first priority. The rest of the meeting (whether it be together or separately) will take the form of a discussion about your particular situation and whether mediation can help. Everyone can then make a well informed decision about whether to move into mediation proper or whether it would be advisable to let your respective solicitors deal with the issues. |
What happens next?If everyone decides that mediation is a good idea, a further appointment will be fixed. We will let your solicitor know what is happening. If mediation is not suitable, the mediator will sign your CLS APP7 form and you will be advised to make another appointment with your solicitor. When is mediation not suitable?There are a number of situations where mediation is not suitable and the Mediator will give guidance on this at the meeting. It is usually, but not always, unsuitable if there is a history of violence or serious mistrust. Most of all, it needs to be entered into willingly. Should I bring anything to the meeting?Please complete our Referral Form, bring your National Insurance Number and details of your last week’s/month’s earnings. We will need details of any Benefits you may be receiving. Any payment book or supporting evidence will be helpful. Will I have to pay for this first meeting?No. The Meeting is free for both you and your partner. How long will all this take?The meeting will have been set up within 10 working days of receiving the referral from your solicitor. The appointment itself will last about an hour. Who we areNowell Meller is a firm of solicitors but The Mediation Centre is a separate within that firm. We cannot give you legal advice. Any questions?If you have any queries, please do not hesitate to contact Emma Turner, Carole Stanley or Gerry McPherson on 01785 273133 or leave a message on our voicemail. Much more information is available on our website at www.themediationcentre.co.uk. The Mediation Centre |