mediate

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mediation

 

Mediation saves you money - on advocates fees and court costs

Mediation helps you resolve your problems - no court-imposed solutions

Mediation brings you professional help to settle your dispute at reasonable cost

The result is a resolution that you can live with

 

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Mediation in a non legal process which resolves disputes. An impartial third person assists those involved in arguments or disputes to communicate better with one another and reach their own agreed and informed decisions.

It is the participation of an impartial outsider that frequently provides parties with new perspectives on the issues that divide them.

 

Mediation is a voluntary process

When both parties agree to mediate they are immediately part way towards a negotiated settlement.

Entering into mediation is an acknowledgement of individual responsibility, and any solutions agreed through participating in a negotiation are more likely to stick than if solutions are imposed by a Court.

Mediation is entirely voluntary and not a legally binding process. All parties have the right to seek independent legal advice.

 

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Mediation is Confidential

The Mediation session is a safe place for people to explore the different options open to them, the potential consequences and feelings that stem from those options.

Discussions in mediation are not recorded and cannot be used as evidence in a Court, only the agreed decisions can be disclosed.

The Mediator(s) cannot be called as witnesses to give evidence on what is said in mediation.

 

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Mediators are Impartial

Mediators act at the invitation of those involved in a conflict to help them build agreement and/or improve understanding.

Mediators are not concerned with apportioning blame or making judgments about people or behaviours. A Mediator’s role is to help the parties have a conversation and reach solutions together.

Information is provided in a neutral way by the mediator, to help participants explore choices and options and work out the practicalities and viability of the preferences of each of them.

 

 

 

 

 

Decision making rests with the participants

The principle that decision making authority rests with the parties distinguishes mediation from other forms of dispute resolution where the responsibility for decisions may ultimately rest with a third party negotiator, arbiter, or through litigation.

It is important to stick to these principles so that the mediation process is fair, workable and acceptable to all parties.

 

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What is mediation?

What types of dispute can be mediated

FAQ

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  1. The mediator meets with each party separately for 30 - 40 minutes to discuss their hopes and expectations for the mediation, how they can each get the most out of the session, and explains how the process works.

  2. The mediator then arranges a 90 minute session with the parties at a neutral venue, and helps them to explore their issues to find an agreed approach.

  3. Following the session, the mediator draws up a written summary of the agreements made in the meeting, and sends it to each party to check to make sure it reflects their understanding of the discussions.

  4. If either party wants to make the agreement legal, an advocate can be asked to draw up the agreements into an Order, which the Court is asked to authorise. Alternatively, the parties take away the summary as a formal record of the agreements they made.

  5. Further mediation sessions may be necessary, some people may need a bit of thinking time before they can come to a compromise agreement. More sessions can also be organised after the agreed arrangements have been tried out for a time, or even some months or years later if circumstances change.

 

 

 

 

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Mediation is not about counselling or reconciliation with an ex-partner. It is not concerned with apportioning blame or going over past events.

Mediation enables the parties to express their views about their future arrangements in an environment where their views can be listened to and respected.

If parents can focus on the issues which need to be resolved then mediation can be a very cost effective way of resolving family disputes.

Family mediation

Family mediation can help parents make or review arrangements for their children, reflecting the changing needs of the family going through the process of separation and into new systems of parenting.

An impartial Mediator can assist separating or divorcing couples to commumicate better with one another and reach their own agreed and informed decisions concerning some or all of the issues relating to separation, divorce, finance and property.

Mediation can also involve wider family members, for example grandparents' contact with children.

Mediation can help resolve other issues which cause conflict within families, including weddings, funerals, wills and step families.

 

Many neighbourhood disputes, even seemingly minor ones, can escalate if not dealt with at an early stage, and mediation has an excellent track record in assisting people to find positive solutions.

Are you feeling intimidated, frightened, or suffering stress as a result of a disagreement with a neighbour? Community mediation helps to resolve disputes between neighbours, tenants, landlords and those living in the same locality.

Community mediation

Community mediation offers a safe, structured and positive environment for people in dispute to come to agreements and better understanding, tackling issues of conflict within neighbourhoods and communities such as barking dogs, loud music, bonfires, overgrown hedges, car parking etc.

Whatever the situation, people wanting to go through mediation must be prepared to make the time that is needed to work through the process, but the rewards are reduced stress and an improved quality of life.

Mediation,unlike court, is not about winning and losing, it is about trying to reach an acceptable compromise for all concerned.

 

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Civil Mediation

Do you have a dispute over something that you have bought or sold? Are you dissatisfied with a product or service you have received? Mediation could be the solution that will help you to move forward.

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The Mediator

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Michelle Levrier is qualified as an All-Issues Mediator with the Family Mediators’ Association (ADRg). She has been working as a Mediator in Guernsey since 2009, mainly for the Guernsey Safeguarder Service.

Michelle’s continuing professional development and Supervision has been with National Family Mediation (NFM), including training on:

  • Mediating High Conflict Cases,

  • Developing Family Mediation Skills,

  • A Narrative approach to Mediation,

  • Bringing the Voice of the Child into the Room, and

  • Child Consultation Training.

Michelle has experience of mediating in situations where seemingly intractable differences have been resolved, and people have been helped to develop strategies for communicating with one another more successfully.

The Mediator's Goal:

  • Listen fairly to both parties and remain impartial;
  • Help people to sort out the issues involved and to reach agreements they can live with;
  • Keep the whole matter confidential;
  • Create a safe and confidential place where people are willing to share their concerns and issues and work towards a solution;
  • Make certain each person is heard and understood;
  • Help everyone involved to agree upon collaborative solutions.

However,remember that no-one walks away saying "I got everything I wanted". This really is a cooperative process and there will need to be compromise on both sides.

 

How long does it take?

The Mediator will meet with each party separately for about 40 minutes to discuss their issues, goals, and how the mediation process will work.

Each mediation session will last about 90 minutes. Whether or not one session will be enough can depend on a number of factors, including unresolved feelings and frustrations.

Very often mediation does not result in an immediate agreement. It can take the parties weeks or even months to go away and think about the discussions and to take a view on what they want to do, especially if one of them is being deliberately unreasonable or intransigent.

If you can't agree on every issue, don't be disheartened, any agreements you are able to reach will reduce the time and money you spend in court, and the benefits can be measured by the fact you have had an opportunity to communicate your issues in a safe and controlled environment. 

How much will it cost?

Mediation costs less than litigation, both financially and emotionally.

Whatever the situation, the cost to you will be your time, goodwill and willingness to reach agreements. People wanting to go through mediation must be prepared to make the time that is needed to work through the process, but the rewards are reduced conflict and stress and an improved quality of life.

In the case of divorce, ending a marriage requires a formal court process and at least one Advocate to represent the parties and prepare court papers, but when combined with mediation the legal costs of divorce can be limited.

For example a Judicial Separation by consent in the Royal Court should cost less than £1000, but this is reliant on the couple agreeing, rather than arguing over what should be in the Order.

Unmarried parents can use mediation to come to agreement on children's residence, maintenance and contact. If they are unable to reach agreement the Domestic Proceedings (Family) Court may need to impose decisions on them; most people would like to have some control over their lives, especially when their future seems to have been turned upside down.

Although parents with applications in the Domestic Proceedings Court do not need to use Advocates, the process of having outsiders make decisions about your family can still be very distressing and stressful, and there will be a cost for each court hearing or review.

Civil litigation can be an expensive, stressful and uncertain process, and it can be tricky balancing people's rights and responsibilities, particularly in Guernsey where there is little legislation to protect consumers, employees, tenants or home owners.

If you can focus on the issues which need to be resolved then mediation can be a very cost effective way of resolving divorce, family and civil disputes.

Typical mediation costs range from £100 to £200 per hour, but resolving contentious issues can save a great deal of Advocate and court time and remove the focus from winning and losing to problem solving.

Mediate.gg offers the initial separate half hour meetings to assess whether mediation can help your situation FREE.

The fee for a Mediate.gg mediation session, which lasts around 90 minutes, is £150. This charge is shared by the parties, and includes a written summary of agreements.

Can the agreements be legally binding?

If either party wants to make the mediation summary of agreements legal, an Advocate can be asked to draw up the agreements into a Consent Order, which is an agreement between the parties that the Court can be asked to endorse. The Mediator is also able to draft a consent order if necessary.

Mediation, unlike court, is not about winning and losing, it is about trying to reach an acceptable compromise for all concerned.

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Whatismediation

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What types of dispute

FAQ

 

 

For a FREE confidential chat, to find out more about how Mediate.gg can help, or if you would like to initiate a mediation session in Guernsey, Channel Islands, telephone 07911 746978 or email Mediate.gg

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