Mediation is one form of Alternative Dispute Resolution, that is to say a way of trying to resolve a dispute without going to Court. It is particularly valuable in a family case because it is entirely private, also much less emotionally bruising and usually cheaper than a Court battle.
Family Mediation involves you and your spouse or partner meeting one or more independent professionals who will manage and referee your negotiations, trying to help you reach agreement on all or any of the differences between you: if necessary the mediator(s) will meet you separately although it is preferable for you to attend together.
Ideally you should obtain some basic legal advice before mediation and if the argument is about money or property also exchange financial details: this will save time in the mediation and therefore fees. However, if you prefer, the mediator(s) can help you deal with exchanging information and give you a broad and neutral explanation of the relevant law.
The mediator(s) will ask you what each of you wants by way of a solution and will then help you explore ways of trying to get you as close as possible to that solution, or perhaps to find other acceptable solutions. Sometimes this can be achieved in a single session, but you may need more than one session. The mediator(s) will conduct the process in a way that suits you best and makes you feel most comfortable. It is likely to be emotionally stressful, and you may want to say things to clear the air, but the mediator(s) will protect each of you from abuse by the other(s) as far as possible.
Mediation can only go ahead if you both agree to participate, and can occur at any stage of a dispute. Anyone can terminate the process at any time if no progress is being made. If the mediation is successful, the details are usually recorded in a written agreement or a Court Order made by consent. Child contact and residence are normally dealt with separately from finances.
Although most of the above relates to Family Mediation, the basic principles are similar in other types of case and the objective is the same, namely to reach agreement to end a dispute, or at least to help clarify and narrow the issues.
During my career as an advocate, solicitor and part-time judicial officer (no longer practising in those fields following retirement), I also trained in mediation and have become one of the most experienced and successful family and civil law mediators on the Island: I usually act as a sole mediator, but in appropriate cases I work with a co-mediator and/or a child care specialist or other expert(s). My usual fee in a family case is £250 per hour and can sometimes be covered by Legal Aid. My fee in other types of case is a matter for negotiation and may be a little higher on an hourly basis but with the option of a fixed fee.
Additionally, in a civil/commercial (non-family) case at the request of all the parties I can act as an arbitrator to decide part or the whole of the dispute if reaching agreement through mediation proves impossible, thus saving them the trouble and expense of going to Court.
Please do not hesitate to contact me for any further information.