Barrister and Mediator Jack Whelan explains how mediation — what we call Guided Separation — allows both parties to make decisions about their own futures and come to an agreement.
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Video Transcript: What is mediation?
Good day. It’s Jack from The Separation Guide here.
One of the questions which people often ask is, ‘How does mediation work? How does the Separation Guide work?’
The biggest difference between the courtroom and mediation is that in a courtroom, the Judge tells you what your future is going to be.
And often, that is the best outcome for couples who just cannot see eye to eye, who are not amicable, and cannot reach their own outcome.
Mediation is different.
Mediation requires the parties to make decisions about their own futures, and to come to an agreement.
The Separation Guide specialises in that. We call it a Guided Separation, whereby we work with both parties independently, and impartially, to give them advice on what they need, to try and resolve a dispute, and to do so in a way which would be fair in the eyes of the law.
Now, The Separation Guide can do that because the Mediators who we use are also legally qualified. This really matters.
What it means is that you get the benefit of someone who has experience and great trade-craft in keeping everybody calm, and getting everybody on the same page, to try and reach an agreement, but also someone who has those skills in family law.
So mediation works by the parties trying to reach an agreement.
And often that’s done in a room by speaking together. But sometimes the parties can find that difficult.
In those circumstances, we do what’s called a shuttle mediation whereby the Mediator shuttles between the parties, to try and reach an agreement. Often that’s done online, or via teleconferences, or even just on papers, or via email.
Both, if they’re successful, will keep you out of the courtroom, saving you an awful lot of money, and an awful lot of time, and stress.