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Global Guide to Divorce

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Mediation in Divorce

How To Choose The Right Mediator For Your Case

When disputants devote time and effort in selecting the best mediator for their case, the return is more than simply getting a professional and experienced mediator — the fact that the selection is made by mutual consent may generate a collaborative environment before

Finding the best mediator for your situation is the first and most crucial step in the mediation procedure. You want a highly qualified mediator with expertise in Family law mediation and a style necessary for the conflict and the individuals involved.the official mediation ever begins.

 

Do I require the services of a lawyer?

An attorney is not always required for effective mediation. A skilled mediator will grasp the situation based on the pre-mediation statements (if they are utilized) and know how to maintain the conversations fair.

 

If you currently have an attorney or plan to employ one, ask her to assist you in selecting a mediator. Many attorneys are mediators or are well-versed in the mediation options offered in their field of practice. The presence or absence of your attorney at the mediation should be discussed prior to the mediation.

 

Factors to Consider When Finding a Mediator

 

      1.    Allow the Other Party to Choose

 

Although it may appear to be a compromise before even beginning the mediation, allowing the opposing side to select the mediator gets the mediation process started in the correct direction.

For starters, it demonstrates that you are prepared to compromise and are genuinely interested in reaching an agreement. Second, while the mediator is discussing your viewpoint with the other party and, ideally, trying to persuade them in your favour, the mediator already has authority with the opposing party since they picked him or her as their mediator.

Finally, though mediation aims to solve the issue, it is crucial to realize that if you do not agree with the mediator’s stance during the mediation process, you are not required to settle the matter. Mediation is not legally binding, and there is no need to agree on a date for the mediation. If the mediator appointed by the opposing party fails, subsequent attempts, maybe with a new mediator, may be productive. 

 

      2.   Background of the Mediator

 

Despite the fact that it is normal to acquire CVs and other background information from experts at trial, parties sometimes fail to collect the same information about the mediator. Based on the type of case, it is critical to collect whatever information the mediator may have on his technical knowledge and/or familiarity with the complexity of your case. It is also helpful to know whether the mediator has previously practised or is now practising as a plaintiff and/or defence attorney, as well as the jurisdiction in which he or she mainly operates.

The mediator can be more convincing if he or she is familiar with the jurisdiction and the individuals involved, including the prospective jury pool and judges. It is critical to understand whether the mediator is familiar with the subjects that will be discussed, such as construction, healthcare, or appellate difficulties. A mediator who is aware and skilled about such issues can only help the case to be resolved.

 

      3.   Flexibility

 

While many mediators have a precise formula for mediation scheduling, it is critical that a mediator be creative and willing in terms of how medications can best be managed on an individual basis.

A mediator who is open to recommendations and prepared to listen to the parties about waiving opening statements or even the positioning or position of the parties around an office is vital and might be the difference between a good mediation and a failed mediation.

 

      4.   Follow-through

 

Many mediations fail to resolve their issues on the scheduled mediation date. It is critical to understand and consider how frequently the mediator resolves cases in the weeks or even months after the original mediation. Mediators who phone (and/or harass) both sides after the mediation date are typically quite efficient.

These mediators demonstrate that they sincerely care about their success rate as mediators and do not think that their job ends on the mediation day.

 

      5.   Recommendations

 

Word of mouth is a great approach to get recommendations for mediators who are most suited to a particular situation. While the lawyer handling the matter may have some ideas for a mediator, information obtained at trade meetings, industry meetings, and even from rivals might lead to the names of mediators recognized by others in the sector. It is critical to keep your ears open at all times and to inquire of people about positive experiences they may have had with particular mediators.

 

      6.   Respect

 

Finally, the most critical criterion to consider when selecting a mediator is that all parties appreciate the mediator. For example, suppose a person of the court retires and has become a mediator, and you didn’t obey him when he was on the court. In that case, you are unlikely to be susceptible to his powers of persuasion when he discusses your case. If, on the other hand, the mediator has been recommended by one of your respected colleagues and arrives with a good recommendation (or better yet, a few strong references), mediation is more likely to succeed.

 

Final Words

 

The advantage of choosing the right mediator for your case goes beyond simply finding a professional and experienced mediator; the fact that the choice is made by mutual consent has a beneficial psychological effect in generating a collaborative environment before the actual mediation process even begins. The selecting process will need some time and work, but it will be well worth it. Remember to make informed decisions!

 

Bio-

 

At Family law mediation Australia, we are careful about our Mediators’ expertise and competencies. Each team member is a certified family lawyer with extensive expertise in both family law issues and mediation. Our mediators are all nationally accredited and certified Family Dispute Resolution Professionals.

Mediation in Divorce

Family mediators are calling for more practical information and support for divorcing and separating couples after a recent survey by the Family Mediators Association revealed that couples are struggling to access the information they need to help them make informed decisions about their family and financial issues, with up to 38% of people unaware that there are more ways to resolve these issues than going to court or using a solicitor.

The poll, conducted by YouGov in support of Family Mediation Week, revealed that people’s satisfaction with the resolution of their issues is related to their access to information about their options – survey participants who were happiest with the outcome of their separation were those with the best access to information about the options available to them. Nationally, 49% of respondents reported that they felt positive about the outcome of their separation; this rose in areas where participants had the best access to information, but fell in parts of the UK where participants were unaware there were other options available. Nationwide, 15% of people were unaware that there were methods of resolution other than lawyers or court available, which rose to an astonishing 38% among younger respondents.

Additionally, the survey revealed that almost a quarter of separating or divorcing couples pick a method for resolving their issues because it was the cheapest option available to them, but that few couples are aware how the costs of different resolution methods actually compare. Figures from the Ministry of Justice show that mediation tends to be far less expensive than many of its alternatives, but only 2% of respondents reported that they used a family mediation service compared to a total of 35% negotiating through court or solicitors, showing that couples aren’t always aware there is a cheaper alternative.  In light of these results, family mediators are calling for increased availability of practical information and support for separating couples trying to decide how to divide their assets or organise time with their children.

Beverley Sayers, chair of the Family Mediators Association, says: “This research reinforces what many of us in the mediation profession are experiencing on a daily basis. People simply aren’t aware of the options available to them when they separate or divorce, but – as the research findings show – people who make informed decisions based on information and knowledge are generally happier with the outcome of their separation. For more information, please visit:  Family Mediation Week  The Family Mediators Association  Ministry of Justice

Annis Cordy or Karen Tinkler at The Partners Group  Tel: 01904 610077

Email: annis@partners-group.co.uk    karen@partners-group.co.uk