Our Family Mediation Service
Our Family Mediation Service What is Family Mediation? Family mediation is a process where families undergoing changes, usually arising from the ending of a relationship, meet together with an impartial third person (the mediator) to assist them to have informed discussions with the aim of the parties reaching an agreement which each and both of them can live with. Why Choose Family Mediation? Family mediation can be a quicker, less stressful process than heading straight to court. It promotes positive communication between parties and can help reduce tension, anger and misunderstanding. It focuses on fair solutions and you stay in control of the decision making process. It enables you to shape long-term solutions that are in your family’s best interests. It is a cost-effective way to resolve disputes. Mediator impartiality Mediators act impartially during the mediation process, with fairness and even-handedness towards each party. For this reason the mediator cannot give legal advice, but they provide legal information to the parties to inform their discussions. Parties reach their own agreements and the mediator has no authority to determine the issues. The mediator manages the process so that the parties make their own informed decisions. The mediator encourages the clients to think about a range of options and discuss those options, but the mediator does not express an opinion as to which option they think is best. The mediator does however tell the parties if they think that the agreement they have reached is not an agreement that a court would approve, and make legally binding. In mediation as the parties formulate their own agreement, it is far more likely to work, than a decision imposed upon them, for example, by a court. No third party knows the children or the financial circumstances better than the parties themselves, so they should be in control of making decisions, with guidance from the mediator.
Voluntary Mediation is a voluntary process and all parties must wish to attempt to reach agreement via the process. If any party wishes to pause or stop the mediation at any time, their wishes will be observed. The mediator can also choose to suspend or end the mediation if they believe it appropriate to do so. This may be because they feel that one party is feeling unduly pressurised by the other. The mediator creates a secure environment where both parties feel safe in the process and there is no fear or threat of violence or harm. The mediator will try to ensure that no controlling, bullying, intimidating, threatening or manipulative behaviour takes place. Independent legal advice As the mediator is impartial, the parties are encouraged to obtain independent legal advice on the various issues that are being discussed. This is so the parties have a better understanding of how family law applies to their individual situation so that they are better informed, and have more confidence, when discussing various matters in mediation. Confidentiality and Privacy Mediation is a confidential process and the mediator will not disclose any information to a third party which is obtained during the process unless the mediator believes that:•
a child has suffered or is at risk of suffering significant harm;
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an adult has suffered or is at risk of suffering harm due to an abusive relationship or because of lack of mental capacity; or
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they have become aware of information that they are duty bound to report in connection with money laundering legislation or criminal activity.
Factual information regarding financial issues is however provided on an open basis so that it can be disclosed to independent legal advisers and, once an agreement has been reached, can be used by lawyers to prepare an agreement to be sent to the court to become legally binding.
However beyond the reasons set out above, mediation is confidential, so when discussing options, anything said cannot be relied upon in any later legal proceedings. This gives the parties confidence to freely discuss various options, which is more likely to lead to an agreement suitable to each and both of them. Welfare of Children The mediator will have regard to the welfare of any children of the family and encourage the parties to consider the needs, interests, wishes and feelings of the children, as well as their own. The children are innocents in the family situation and can suffer significant emotional harm if they are subjected to parental conflict. Although parties may have many differences between them, the vast majority agree that minimising emotional harm to their children should be a priority. Summary of Advantages •
The mediator will always encourage parties to put the welfare of their children first.
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The mediator is there to create a safe environment for confidential discussions to take place.
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The mediator guides the process and encourages the parties to think about possible options.
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The mediator provides legal information to assist the parties.
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The parties make their own decisions – no one knows your family better than you do!
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The parties are free to take independent legal advice whenever they wish to.
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Agreements made by the parties (rather than third parties) are more likely to work and stand the test of time.
Mediation is likely to be the cheapest service involving a family law professional, as the cost of the one mediator is split 50/50 between the parties, rather than both parties each paying for a lawyer.
Nicola Matthews Partner & Head of Family
Email: nicola.matthews@hay-kilner.co.uk Nicola is a Partner and head of the Family department at our Newcastle office. With over 22 years’ experience, Nicola has a high level of knowledge, skills and experience in the area of family law, her specialism being high value & complex divorce cases. She assists clients to find practical solutions to problems that arise when relationships break down by considering the case from both points of view thereby reaching an amicable agreement with as little animosity as possible. Nicola is a Law Society Family Law Advanced panel member with specialisms in Ancillary Relief and Complex Assets. She is a qualified mediator, so can assist and guide both parties to try and find their own solutions. She is also a qualified collaborative family lawyer, so can advise and assist clients who wish to try and reach agreements with the other party and their representative by a series of round table meetings. She is Secretary of the local “Resolution” committee, an association of specialist family lawyers who adopt a firm yet conciliatory approach to family cases. Nicola is named as a “leading individual” in this area of law in Chambers Guide and recommended in The Legal 500, both independently researched guides to the UK legal profession.
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The service we received from Nicola was first class. She has excellent knowledge and a good manner with clients who may be anxious or distressed.
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Nicola has provided a fantastic service and has time and time again suggested solutions to problems which would not otherwise have been obvious
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Hay & Kilner Merchant House, 30 Cloth Market Newcastle upon Tyne NE1 1EE W: www.hay-kilner.co.uk T: 0191 232 8345 E: nicola.matthews@hay-kilner.co.uk