Mediation allows the participants to retain ownership and control of their family’s future.
The mediation process allows the participants to set the agenda and to decide what factors they want to consider and what elements are not relevant. The family mediator’s role is to facilitate that discussion and the agenda. To keep the dialogue flowing and relevant to the areas of understanding.
The mediator will guide the participants’ discussions without judgement and will simply alert them to whether an agreement or disagreement is within the court’s remit to be ordered or whether they need to take legal advice.
The mediator will not advise the participants; the mediator will suggest that they take legal advice and may give an indication if they feel that a judge may not agree with a possible solution being discussed. It is advantageous to have a current practising family lawyer mediator for this exact reason. It is important to be able to guide the participants in full knowledge of what the local courts and judges may consider to be fair or unfair. Being on the front line of practice gives those mediators that edge.