HOW TO ACHIEVE A SUCCESSFUL OUTCOME FROM YOUR MEDIATION

In this series William Giles, the Mediator at Woollcombe Yonge, provides guidance as to how couples attending mediation can make the best of that mediation and give themselves the best possible opportunity to negotiate a settlement.

There can be many barriers put up in regard to mediation.

Fairness

Mediation is a process that involves negotiation. The Mediator, in our case Will Giles, facilitates the discussions between the couple with the intention of making their own decisions as to how to resolve issues that have arisen in relation to their property, income and children.

Some clients are concerned about an imbalance in bargaining position. That is they are concerned that their voices will not be heard. For these reasons the Mediator will often suggest that each party speaks separately and the other listens until the first has finished, before responding.

In some cases where there is a refusal to provide full and frank disclosure of financial information, this can lead to an imbalance of bargaining position and the assumption by one party that the process has not led to a fair result.

It is therefore crucial that there is transparency in relation to the issues, honesty and full and frank disclosure.

A negotiated agreement will not be achieved unless all taking part think that the agreement reached is fair.

In some cases couples will come up with proposals which they then take back to their Solicitors and where there is a perception of unfairness, the proposals reached will not be able to be ratified and the case is likely to proceed to Court.

William Giles is a Family Law Solicitor, Mediator and Collaborative Practitioner with Woollcombe Yonge Solicitors. Our mediation practice is known as WY Mediation. For initial free discussion with Will Giles please telephone him on (01752) 660384.