The process / what is talked about? /what happens?

Team Mediation and its designated Mediator will meet with both parties individually. Each person will identify and discuss the issues they wish to talk about. This individual meeting is not only a fact and information gathering meeting, but also to establish if the case is indeed suitable for mediation. Options available will then be further discussed and considered.

The Mediator will decide if the case is suitable for mediation;
Once suitability for mediation is established, both individuals will then be invited to attend individual or joint sessions. The number of sessions will be determined by the complexity or nature of the issues to be resolved.

Mediation issues have no beginning, formality or boundaries. Types of issues discussed can be fully inclusive of children issues, property, finance and assets. This is known as ALL ISSUES MEDIATION. However, any one of the above elements can be explored in isolation and discussed separately.

During mediation (All Issues Mediation) a number of recorded and agreed proposals or terms will be jointly reached and signed upon;

Agreement to Mediate: This is simply as it says. Both parties have agreed to mediate.

Memorandum of Understanding: This is a summary of the joint agreed proposals reached during mediation. At this stage this document has special legal status and cannot be used in court as evidence and is not legally binding.

Open Statement of Financial Information: During mediation both parties will be required to openly disclose and declare financial information; Savings, Investments, mortgage, property, assets, and liabilities etc., Supporting documentation for verification will be asked for and expected. Unlike the Memorandum of Understanding, this document has no special legal status and can be later used in court as it is considered ‘open information’

Statement of Outcome: As its name suggests this is stating the outcome the joint parties have agreed upon over the series of mediation meetings.

‘Mediation is what we do’

Although the above seems formal and official, you can be assured Team Mediation mediators are sensitive, caring and professionally competent trained mediators. ‘Mediating is what we do’ with integrity, impartiality and inclusive to all parties.

 

Confidentiality

The mediation is largely confidential. Anything discussed individually will not be discussed with the other party unless specifically instructed or requested to do so. Anything said, discussed or declared within mediation sessions will remain confidential and will not be used as evidence in court.

The mediator has a duty and obligation to report to the relevant authority if:

  • There is a significant risk of harm to an adult or child
  • Information is disclosed relating to the proceeds of crime act (2002)

Mediators are not solicitors or legal professionals. All the above, jointly arrived agreements must be forwarded to the parties’ respective solicitors or legal representative to be drawn up into legally binding agreements.