Our experience tells us that mediation is beneficial to both parties. If settlement is reached there is no need to litigate the matter any further in Court thereby saving you time, money and not least having a more peace of mind.
You will get a chance to be in contact with an experienced Family Court Judge who will listen with impartiality; who will give insights to parties to help both parties understand the issues; and help parties come to a compromise, where possible.
As a mediator, the Family Court Judge, is not there to judge the merits of your case but to help each party evaluate issues and to explore ways to reach a settlement that both parties can be satisfied with. At most the mediator will offer suggestions but never compel either party to accept settlement terms. You will have the benefit of your solicitor’s advice at all times during these sessions.
As is often said to parties, for mediation to be beneficial and a settlement to be reached, both parties must attend with an open mind and listen carefully.
Is Mediation Confidential?
We sometimes describe mediation as a “sneak preview” as you gained insights to what issues may arise at the full Divorce Hearing or Ancillary Hearing. The District Judge conducting the mediation will not be the same one presiding over your hearing. Furthermore, the matter discussed at mediation are confidential and cannot be used against you i.e. without prejudice.
Mediation in the Family Justice Court
The court may refer parties for mediation at the FDR Division for most family disputes, including any of the following:
- Divorce and ancillary matters.
- Applications under the Guardianship of Infants Act.
- Applications under the Adoption of Children Act.
- Applications under the Mental Capacity Act.
- Applications for probate and letters of administration.
- Applications for maintenance during marriage.
