"With professional help, we discussed the needs of all our family and made agreements that we both want"

MEDIATION

What is mediation?

Family mediation is a process in which a neutral third person (a mediator) assists those involved in family breakdown (in particular separating or divorcing couples and single parents) to communicate better with one another and reach their own agreed and informed decisions about their children, finances, property, division of other assets and any additional issues relevant to their separation.

How does mediation work?

The mediator will help you decide if mediation suits you and your circumstances. Most separating couples have found family mediation to be a constructive and supportive means of reopening communication and conducting discussions to reach workable and practical arrangements.

The mediator’s role is to act as an impartial third party and manage the process, helping you to constructively exchange information, ideas and feelings and ensure that you make informed decisions. The mediator has no power to impose any settlement - responsibility for all decisions remains with you since you know better than anyone what is right for your family. The mediator will encourage you to identify the best option either for your children or your financial affairs.

The mediator’s role is neutral and the mediator does not represent either party but focuses on helping you both to reach a fair agreement. His or her only interest is in helping you to work out mutually satisfactory arrangements for your future as separated spouses / parents.

What are the advantages of mediation?

• Privacy – all discussions are conducted and agreements reached in the privacy of the mediator’s rooms.

• Control – you decide the timing and frequency of meetings and the issues to be discussed and agreed.

• Tailor-made solutions – you decide the issues on which you need to reach agreement and you both agree the best possible outcome for you and your children.

• Cost – the process is entirely cost-efficient and significantly less expensive than litigation going to court.

• Future relations – in the mediation process, you have an opportunity to hear and to be heard on all issues. Your major concerns will be identified and through communication, with the help of the mediator, you will decide on a set of agreed outcomes. This will help in your future communications to the benefit of you both and of your family

How long will mediation take?

The length of a mediation depends on several factors-

First, the readiness of each party to proceed. People experience the psychological, emotional, financial and legal aspects of concluding a marriage at different speeds and frequently begin the process at different times.

Second, the duration of the mediation process depends on what needs to be resolved. In practice, most family disputes take on average five to seven sessions to conclude. The sessions last in the region of an hour and a half.

What is the cost?

The mediator will charge an hourly rate for the service, to be paid 50/50 by the two people attending or as otherwise agreed. The hourly rate is €180 and will be written in an ‘Agreement to Mediate’ document which is signed at the first meeting.

Confidentiality

Mediation is confidential. Everything discussed during the mediation and any documents prepared for the mediation cannot be used outside of the mediation process for a court process or otherwise.

The purpose of confidentiality is to provide a setting in which you can discuss the facts and issues openly and without fear that what has been said may be used outside of the mediation. The ability to speak openly leads to solutions and settlement.

Do I need legal advice?

Yes, in mediation you will discuss and reach agreement on issues concerning your children, your property and income. To reach an agreement that will last, you will need to have all relevant information available to you including clear advice on your legal rights and duties.

What is the end result?

The objective of the mediation process is to reach agreement on all relevant issues concerning your children, finances, property, division of other assets and any additional issues relevant to your separation, how you will communicate with each other after separation and all other issues on which you need to reach agreement.

These agreements will be written in a document which you will both sign. You may take this agreement to your solicitor, if necessary, to have arrangements concerning house property and pensions brought into legal effect.

What mediation is not

Legal advice or representation.

Counselling for individuals or couples.