Hastings and Rother Mediation

The mediation process

    Mediation is a supported conversation between people who are struggling to communicate about something or things that they need to sort out.

    If mediation is proceeding the service will arrange joint meetings for you both to attend. These usually last about 90 minutes.

    The mediator provides the support in the form of:

    • A safe place to talk
    • Assisting in identifying issues for resolution
    • Exploring available options and future needs
    • Progress notes to remind people of what they have achieved and what they still need to talk about
    • A written record of agreements made

    Options from each of you will be explored and discussed as to whether they are feasible, fair and realistic. Where financial issues are involved, you will both be asked to provide information about your assets, liabilities, income and expenditure. This information must be provided whether you go through mediation or through your solicitor and must be supported by relevant documents, copies of which will be exchanged between you. Until all the financial information has been gathered and made available, informed financial negotiations cannot take place.

    After each meeting a Session Summary is provided for each client recording the main points of discussions and any progress made. If finances are included in the session, draft financial documents may also be issued.

    Once proposals have been agreed, these may be recorded in a ‘Memorandum of Understanding’ which can be taken forward, often through solicitors, to become a legally binding document. Clients are encouraged to seek legal advice at any stage of mediation if needed.

    For financial issues people generally need two or three sessions, to provide information, identify needs and reach proposals.

    If your concerns are regarding children only, the focus will be on their needs and the mediator will help you look at the options available. This is likely to take one or two mediation sessions.