Sebastian Church Chester
Independent Family Mediators
Independent Family Mediators
Most of the time, we would prefer to address these difficulties without contacting the court or attorneys, and this is where Sebastian Church family mediation Chester may help.
With Sebastian Church family mediation Chester, these problems can be resolved in the quickest time possible and at a far lower cost than through the court system, which can be tedious and time-consuming.
This is owing to the fact that we analyse each individual’s schedule before creating our own. Consequently, we are able to organise meetings between the two sides.
There are situations where juveniles are involved. In such circumstances, we are always ready to provide a solution with minimal effect on the procedures.
Each member of our Family mediation team has been professionally accredited (FMCA) by the Household Mediation Council.
Dealing with family or commercial issues can be difficult, but mediation can be a useful tool for resolving tense and frequently emotionally charged situations.
Family mediation Chester can be expedient, cost-effective, and leave both parties with a more optimistic attitude on the result. Among the extra significant advantages of mediation are:
Greater control – Family Mediation Chester is not legally enforceable and cannot guarantee a result. Instead, the mediator collaborates with the parties to find a solution, but there is no guarantee that the issue will be resolved. This can indicate that both parties have more control over the solution and are not required to accept an unacceptable ending.
Confidentiality – Litigation, wherein disputes are resolved in court, is a potentially highly public procedure. Unless both parties specifically agree differently, the specifics of issues addressed outside of court through mediation are absolutely confidential.
Reduced costs — In general, resolving disputes through legal proceedings is quite expensive, and the final costs may be highly unpredictable. In contrast, family mediation in Bolton is typically much faster and less expensive than litigation.
Support enhancement – Family mediation Chester entails the employment of a professional, neutral mediator to aid the disagreeing parties in locating a solution that is acceptable to both parties. The Mediator listens to the perspectives of all parties, communicates with them privately and occasionally collectively, and guides them through the process.
Relationship preservation – Resolving family or workplace issues is already a difficult situation, but litigation and the stress of the courts can make it even more so, placing further strain on the parties’ relationship. In contrast, mediation aids both parties in focusing on effective communication and negotiating a settlement that is mutually beneficial.
How does the mediation process work?
Typically, the mediation day will follow a pattern, often known as the “5 Stages of Mediation.” The objective of these five mediation steps is to establish a realistic and agreeable resolution to the dispute. The ranges are:
The initial step is to convene a mediation session. Obtaining agreement from the parties to arbitrate their dispute. The parties will be told of the benefits of mediation, including the fact that it is less expensive, quicker, less stressful, neutral, and confidential. In addition, administrative matters will be addressed in this phase.
Introduction to the First Mediation Day and Session Each mediation begins with a “initial statement” that, despite varying in style, always focuses on striking the appropriate tone – one of positivity and mutual respect – and establishing the day’s objectives and “housekeeping.” The contesting parties may choose to hear this opening remark together or separately and in silence.
Private Sessions and Initial Conversations, the Third Phase The mediator will meet with each party separately in order to hear their side of the story. The mediator will listen as the parties recount what transpired, how the events affected them, and the desired outcome. This phase allows each side to feel “heard” and the mediator to begin supporting them in getting a productive perspective on the issues they face.
The fourth step. This is the initial stage of negotiation. The mediator will assist the parties in letting go of unproductive positions and emotions, and will frequently play devil’s advocate with them to “reality check” their assumptions and help them gain a more accurate understanding of what is likely to occur in court, as well as their own self-interests and chances of success. As the parties begin to evaluate the problem from a larger perspective, they are often able to get closer to a mutually beneficial agreement.
Phase 5 and final: clarification and agreement In the vast majority of mediations, the final compromises and adjustments resolve the disagreement. In the vast majority of cases, the negotiation process will result in a settlement that both parties view as preferable to going to court. If such an agreement is achieved, it is typical for the legal representatives to draught and sign a memorandum to make the agreement legally binding.
What If No Settlement Is Reached?
The parties are free to proceed to court if they desire if a settlement cannot be reached.
In fact, the majority of mediations that do not result in an agreement on the day do so soon after. Even for those instances that move to court, mediation will provide valuable information.
In the majority of cases, mediation (a MIAM, or Mediation Information and Assessment Meeting) must precede court proceedings.
In particular situations, family mediation can be a highly effective alternative to court, resulting in the resolution of all family-related difficulties without the need for further legal intervention.
In the event that a resolution cannot be found through mediation, extra steps should be taken to ensure that appropriate arrangements are made with the help of a judge or magistrate.
In the majority of situations, attendance at a first MIAM (Mediation Information and Assessment Meeting) is required by law to make sure that all parties have explored mediation services prior to initiating litigation.
Although parties are strongly encouraged to attend mediation sessions together, it is feasible for them to meet individually so long as a certified family mediator is present. There are, however, exceptions to this rule that authorise a party to bring a court application under certain circumstances.
Additionally, it is possible to arrange a mediation session through video call or an online meeting platform. This depends on all participants agreeing and having access to a device that allows participation, such as a laptop or tablet.
Depending on your situation, you may be excused from the MIAM requirement if one of the categories below applies to you. Included are
When domestic violence incidents occur
Child protection concerns
Insolvency (If the potential applicant has filed a bankruptcy petition or a creditor of the applicant has filed a petition for a bankruptcy petition) (If the prospective applicant has filed a bankruptcy order or a petition by a creditor of the applicant for a bankruptcy order.)
Please refer to the procedural rules on the justice.gov.uk website for more information and specifics about each MIAM exception.
If you are contemplating requesting an exemption from a Mediation Information and Assessment Meeting, please be aware that you will be required to produce sufficient evidence to determine whether the exemption was correctly claimed.
If the court determines that the provided evidence is insufficient or that the MIAM exemption was not correctly claimed, you and any other parties may be obliged to attend an MIAM before the start of proceedings.