Frequently asked questions about mediation
Can I contact a mediator directly?
Yes. If you have a solicitor (s)he may also approach a mediator on your behalf. The mediator will need to speak with you and your partner to assess whether you case is suitable for mediation
Do I need to retain a solicitor whilst in the mediation process?
It is not compulsory to retain a solicitor, although it is desirable as the mediator is neutral and unable to provide legal advice.
How long is a mediation session?
The sessions are often 1.5 hours long. However mediation is a flexible process and the sessions can be longer – they are rarely shorter. The mediator will ensure that both parties are able to manage a longer session if that is requested.
How many mediation sessions are needed?
This will very much depend on each case. As a rule of thumb most cases take about 3 -5 sessions. Some need less. More complicated cases will need more
Who pays for the mediation?
The starting point is that the costs of mediation are met equally by the parties, but the parties can agree to a different arrangement
Frequently asked questions about arbitration
Where do I find an arbitrator?
A full list of arbitrators is contained on the Institute of Family Law Arbitrators (“IFLA”) http://ifla.org.uk/
Who chooses the arbitrator?
There are several options. The parties can choose an arbitrator; they can prepare a short list send this to IFLA who will select a name from the list; the parties can ask IFLA to choose an arbitrator
Can I keep my legal team during the arbitration process?
Yes. They can represent you in the arbitration if you wish.
Can arbitration be used to decide a discrete issue?
Yes. Arbitration is perfect for this type of scenario. If, e.g., parties are in mediation and there is one issue that cannot be agreed upon proving a sticking point for overall agreement, that matter can be referred to arbitration. The arbitrator can be asked to deal with the issue either on the papers or at a live hearing.
Can we use arbitration if we are in court proceedings?
Yes. The judge is required to consider whether the matter should be adjourned to allow arbitration (or other form of dispute resolution) to take place. If you decide to arbitrate then the court will stay i.e. suspend the court proceedings until the outcome of the arbitration. The arbitration award can be incorporated into an order to be presented to the court.