What is mediation?
Mediation is a process for resolving disputes and working out agreements for the future. It is particularly suited where ongoing relationships are necessary and a fast and cost effective solution is required. It involves a facilitated discussion and negotiation (led by a skilled independent and impartial mediator) with the aim of reaching an agreed way forward. Importantly a solution will not be imposed on the parties involved and the process is entirely voluntary.

Mediation is confidential and held on a without prejudice basis meaning that discussions and proposals made during the mediation session can not be used as evidence if there were any later legal proceedings. There is an exception to this when it comes to financial disclosure, but we can discuss this in our meeting. 
I have received an invitation letter to attend mediation from ELBA Mediation, where to from here?
After meeting with a first party who would like to use our mediation services, we will then invite the second party to a similar initial and private meeting. We usually send a letter first and then follow up with a phone call. It is important that you respond to our letter as soon as possible. If you have a lawyer you can also ask them to contact us if you wish. The main thing is to let us know whether or not you would be willing to attend this initial private meeting. If following this meeting both parties are willing to mediate, we will make the arrangements for the joint mediation sessions. 
What are the benefits of mediation?
Parties come to their own solution rather than having one imposed on them by the court. This means they can agree on arrangements that suit their specific family needs whether it is in relation to parenting or financial matters. Research suggests that parties who attend mediation get their lives back on track much sooner than those who don’t attend mediation.

Even if settlement is not reached on the day many disputes settle soon after as a result of progress made during the mediation.
What is included in the costs of mediation?
Who pays for the mediation?
Each party is responsible for the costs of the mediation. However the costs of the mediation can be paid by one of the parties if this is what is agreed at the outset. Sessions are payable in advance, subject to our cancellation policy.
Can I get legal advice/ Do I need a lawyer?
At ELBA Mediation our role is to facilitate discussion, not provide legal advice.
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It is not necessary to have obtained legal advice before attending mediation. However, many people choose to do so in order to gain some idea of what the legal outcomes might be if they ended up going to court. When seeking advice from a lawyer it is important to ask  them to provide you with a range of possible outcomes. Our mediator can refer you to organisations that provide some free initial legal advice if you need it.
Can I have a support person at mediation?
If you would like an additional party to attend with you, please contact us and we will make enquiries with the other party to seek their consent. If they do not consent to your nominated support person being present, then you will not able to bring that person to the mediation.
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If there is consent for your nominated support person to attend mediation, that person will need to agree to and sign a confidentiality agreement. Your mediator will explain to the support person their role in the mediation process.

​It may be possible to bring a support animal. 
Can I bring an interpreter?
It is perfectly acceptable for an interpreter to be present, but he or she must be a professionally qualified and registered translator and not a family member or a friend. We can assist you with booking a professional interpreter or provide you with information about local translation services.
Can you tell me what it is about / What have the other party said?
Due to our commitment to confidentiality, we will not discuss with either of you what issue/s each party wishes to discuss.
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This does not prevent you or your lawyer, if you have one, exchanging relevant information with the other party prior to the mediation session. Your willingness to provide relevant information to each other can significantly help your mediation process.
Do we have to be in the same room together?
No you don’t. Generally mediations are more effective if the parties are in the same room together. However we are very aware that this is not always possible. We respect each party's choice to either be in the same room or in separate rooms. We will discuss what is best for your circumstances with you prior to the mediation.
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Where there is a history of family violence it may be possible for the mediation to be conducted with the parties in separate rooms (also known as “shuttle” mediation).

Please also see below for on-line mediations.
On-line mediations
We have been running online mediations for many months and you may find this more convenient. You can log on from your own home or office, as long as you have privacy and will not be interrupted. On-line mediations can be run in two different formats: all in one ‘virtual’ meeting room or where the mediator will shuttle between virtual meeting rooms. In this last instance, you will not see or hear your former partner. While the mediators are talking to the partner, you will have a few minutes to think about what we have been saying. These mediations take longer but are highly effective.
What if I am concerned for my safety or the safety of my children?
If you are concerned for your safety or that of any other person we request that you advise us as soon as possible and definitely prior to attending mediation. The safety of all persons is paramount at all times. The mediator will constantly assess as to whether each matter continues to be suitable for family mediation. In addition to this the mediator and/or mediator may recommend or signpost you to specialist agencies who can help you. 
Is an agreement we made at mediation legally binding?
The most common agreements made in family law mediation are:
  • Parenting Plans in relation to the arrangements for children.
  • Consent Orders which can be made in relation to children’s matters and/or property/financial matters.
  • Memorandum of Understanding which can be made in relation to children’s matters and/or property/financial matters.
  • Marital Agreements which are made before or after the marriage while the couple remain together and intend to remain so. 

​Parenting Plans need to be in writing, signed and dated by each party. They aren’t legally binding but can be used to show what arrangements the parents have made in relation to children.

Consent Orders will become legally binding once they have been approved by the Court.

Memorandum of Understanding (MOU) is a document describing the broad outlines of an agreement that two or more parties have reached. They are not legally binding until they are taken to a court and included in any order. 

Marital Agreements need to be in writing, made in reasonable time before any marriage or anytime thereafter, be signed and dated by each party after taking legal advice. Each party should consult their own lawyer. The status of Marital Agreements is not clear cut in England Wales but a lawyer will be able to advice further.
How long will mediation take?
At ELBA Mediation, mediations in relation to children only are usually completed within 1-3 sessions. Most parties require more sessions if they wish to complete arrangements for children and property/financial matters. It is important that you are well prepared to attend mediation so you can make the best use of your time there.
Can I bring children to the mediation?
No. It is not appropriate for children of any age at any time to be in attendance at family mediation whether the mediation is face to face or on a video conferencing platform. 
What is child inclusive mediation?
This is where a specifically trained person known as a child consultant or a family mediator who has been trained in child inclusive practice speaks with the children separately and then provides feedback to the parents. This usually happens after the mediator has had an initial joint session with the parents. The child consultant/mediator will then provide feedback to the parents in their next joint session. This can be organised through our practise. You can find out a little more by watching this video by the Family Mediators Association, and this video of a child’s experience of child-inclusive mediation (Tom’s story): outlining young people's rights when parents separate and created by a collaboration between the University of Exeter, The National Youth Advocacy Service (NYAS) and The National Association of Child Contact Centres (NACCC) .
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