Mediation

• Posted onFebruary 1, 2017

“Mediation started in California and for many of you that may be all you need to know….” Thus began a thinly populated course I attended about 15 years ago, run by a solicitor mediator!

As that perception, even prejudice, of mediation being in some way “fluffy” still persists in certain quarters of the legal profession (and elsewhere) as does it being seen as a threat to a long established solicitors income stream.

Last week was Family Mediation Week (23rd-27th January 2017), supporting many divorcing parents in building a constructive future for their family, focusing on their children and what is best for them. When it works, the advantages are clear. It is non-confrontational, cheaper than engaging solicitors or, Heaven forfend, the Courts and the parties feel that they have a degree of control over the process and outcome. As far as WSP is concerned, its not a case of letting go of a client once a referral to mediation is made; we try to look at the relationship with mediators as one of a partnership, with the professionals playing different roles in helping the parties find a hopefully mutually acceptable resolution to their particular set of circumstances.

It probably hasn’t helped that mediation has been force-fed from above, with a certificate having to be obtained indicating that mediation has been explored in some way before certain Court proceedings are embarked upon. Of course, like the Tango, it requires 2 willing participants. However, fluffiness notwithstanding, when it works, mediation has considerable benefits.

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