Mediation is, in our view, generally a Good Thing.
You can trust us on this as we don't offer mediation services and we don't have any connection with anyone who does.
What it isn't is conciliation. So, it's not like Relate counselling. It doesn't aim to get you back together. The idea is to provide a level playing field to enable the parties to reach agreement on disputed family issues: financial matters or disputed children issues. Or both.
In many disputed family cases, the outcome is frequently not going to be a huge surprise - at least not to the professionals. Most family cases settle for that very reason. (Do you really need to spend that extra £8k on legal costs, when the outcome of the case is pretty much inevitable? Fortunately for us, the answer is surprisingly frequently "yes". It's a funny old business.) The nature of family disputes means that the parties are often unable to resolve them between themselves. But mediation is often hugely preferable to the cost, hassle, time and expense of litigation. Here's why:
1. If it works, it's usually hugely cheaper than full-scale litigation. Maybe a tenth of the cost. Even if it doesn't work, but you reach agreement in mediation on some of the "easier" issues, this will usually still save you a lot of money.
2. It's quicker. Cases can frequently be sorted in 6-8 mediation sessions which might otherwise take months of correspondence and court proceedings.
3. It's usually less stressful. We solicitors usually just can't help but wind people up. It's how we're trained. Even if we're touchy-feely Law Society Family accredited specialists, we still tend have an unfortunate combative way of dealing with opponents. Worse, solicitors risk veering into point-scoring in order to impress their own clients that they are being Tough. (Did we say that...?) It can be a lot of fun [not], but it's not always conducive to constructive negotiation.
Mediation isn't suitable for every case. It's not really a runner if:
1. One or both parties isn't interested in negotiating in good faith. That means, for example in financial proceedings, making full and frank disclosure of their financial circumstances.
2. The mediator isn't able to ensure an emotionally-level playing-field. It isn't going to work if one party feels intimidated or vulnerable.
3. Sometimes mediation isn't practical. If, for example, the parties live a long way apart and it isn't feasible for them to meet with the mediator.
Do we offer mediation services? Er.. no. Have we already said that? Solicitors in Woking who offer mediation services are David Fulcher (david@fulchers.co.uk ) and Barbara Wright ( b.wright@robbinsolivey.co.uk ).
Or you might give the not-for-profit Surrey Family Mediation Service a whirl ( surreyFMS@aol.com ): they are based in Dorking but do sessions in Woking in the CAB/WAVS building.