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Rachel Jaysan Limited is a limited company trading as Rachel Jaysan under company registration no 15017167.
SRA no 8012973
Constructive discussions between (usually) two people who have a common problem that they wish to resolve. These discussions are facilitated by a mediator who can offer helpful suggestions and detailed information to allow the parties to reach sensible, pragmatic and workable solutions.
The mediator will remain impartial and not give advice.
THE MEDIATION PROCESS
In many cases, before applying to the family Court should you wish the court to decide how your finances should be divided or what the arrangements for the children will be there is an obligation to attend a MIAM. The purpose of this meeting is to discuss with you, on an individual and confidential basis your specific circumstances, the mediation process and its suitability as well as other options for remedying the dispute. Once you have both met the mediator and agreed to proceed with mediation, we will begin the joint mediation sessions.
Financial agreements
You will provide each other with financial disclosure. We, as mediators, will guide this process. Once disclosure has been provided it is often sensible for each party to obtain independent legal advice. Receiving independent legal advice provides you both with confidence when reaching agreement in mediation.
Arrangements for children
When parents wish to agree on how much time they will each spend with the children, the flexibility of the mediation process means that this agreement can be reached quickly, or over time, depending on the given situation. Often parents choose to have a gap of a couple of weeks or even longer between mediation sessions to ensure that any arrangement works on a practical level. An interim agreement may be reached early on and then tweaked during the mediation, to accommodate logistical or practical issues, which become apparent during the period of adjustment. Inevitably, this means that long term, workable agreements can be reached through mediation and often results in solutions that both the parents and children are more likely to be happy with.
3. Reaching agreement
Once agreement is reached, the agreed proposals will be drawn up by us as mediators, and a lawyer will then convert them into the necessary order. This will be discussed in detail, depending on the issue that has been resolved.
Voice of the Child(ren)
Within the mediation process there is a place for your child(ren)’s voice to be heard. If both parents agree, they will be asked their thoughts and opinions on the situation that is being discussed. Although the role of decision maker will always lie with the parents; including children in the mediation process allows their views, concerns and suggestions to be heard in a neutral, confidential and unpressured environment.
Many parents feel that hearing their children’s voice, through a third party, to be extremely insightful, which often brings about a more positive co-parenting relationship.
WHEN CAN MEDIATION BE USED
Family mediation can be used to help resolve the following issues:-
- How to divide / distribute the income and the assets of families when parties divorce or separate
- Arrangements for children
- Variation of existing agreements or court orders
- Payment of school fees
- Grandparents time with children
- Nuptial agreements
- Cohabitation agreements
Contact Rachel
Rachel Jaysan
Family lawyer & mediator
Telephone: 020 8958 2073
Website: www.racheljaysan.co.uk
Email: rachel@racheljaysan.co.uk
Or fill out the form below and we will get back to you
Mediation FAQs
Can my lawyer join the mediation?
Yes, they may. Mediations are most effective when you both feel confident with the decisions you make in mediation. Sometimes people find having their lawyer present; either in person or even over the phone allows them the confidence to make decisions more quickly. This often speeds up the process.
What if there has been domestic abuse?
This is something we will discuss at length in the MIAM meeting. We will need to understand the circumstances very carefully to decide whether we can put in protective measures to ensure the process is safe for you to mediate. These will be considered in detail, at the very beginning. There are some circumstances where we will decide that mediation is not safe and we will signpost you accordingly to professionals who can help you.
What is shuttle mediation?
This is where you and your ex partner ./ partner do not have any direct contact with each other regardless of whether the mediation is virtual or in person. The mediator goes back and forth between you both. This can be used as a protective measure.
What can you do if my ex partner / partner refuses to disclose their true financial circumstances?
Mediation is predicated on there being trust between you both. As mediators, we do not have any punitive powers and cannot force anyone to disclose documentation. If you are concerned about this then please do discuss this with us at MIAM stage and we will decide whether mediation is appropriate.
How many sessions will I need?
We often say 3-5 sessions, depending on the number of issues you wish to resolve and the complexity of those issues.
Can we invite experts into the mediation?
Absolutely. It is often hugely helpful to invite an accountant, tax expert, wealth adviser or mortgage adviser into the mediation, so that you can engage in informed discussions and understand your respective options to allow you both to make sensible decisions. We have a number of trusted professionals we can recommend, should you need.
Related mediation insights
Family mediation vouchers
As accredited mediators we offer the Voucher scheme
Mediation testimonials
We do not offer legal aid.
If you or your partner think you may be eligible for legal aid then please click this link:
https://checklegalaid.service.gov.uk/children-families-relationships/family-mediation-session