Calm Scotland FAQ
FAQ
Questions & Answers
- What is Mediation?
- What is family mediation?
- What is the role of the lawyer mediator?
- What is an information and intake session?
- Will the parties require lawyers of their own?
- What about confidentiality?
- Who might suggest mediation?
- What are the benefits of mediation?
- How is mediation paid for?
- Do both parties have to agree to mediation?
- How can the mediation process be started?
- How many sessions will be necessary?
- How long is each session?
Answers
Questions & Answers
What is Mediation?
Mediation is a voluntary process which, with the help of an impartial third party, allows a couple, who have issues or problems, to discuss how such issues can be resolved. The mediator will help the parties to focus on effective communication, mutual understanding and information gathering. This allows the parties to identify common ground and to find the best way forward.
back to topWhat is family mediation?
Mediation in the context of divorce or separation. When a couple separate, there are so many issues and changes to deal with that it can be hard to know where to start. Although it is good for parties to talk and to try to make plans together, when plans are made for a different, separate future, misunderstandings, fears and conflict may arise and constructive discussion can often be overcome by emotion. A trained family mediator can help keep the discussions on a constructive footing. Sometimes, one party might not have expected the separation and may be very hurt and frightened. It may be extremely difficult to consider sitting in the same room as the other person. One party may feel that he or she can no longer trust the other. Mediators understand these anxieties. The process of mediation is designed to support people who are feeling vulnerable and to address their concerns. It also allows all necessary information to be gathered and for options available to the parties to be considered.
back to topWhat is the role of the lawyer mediator?
CALM mediators are lawyer-mediators. Most people also want to know the legal framework and rules that will apply when they are considering the best way forward. Lawyer-mediators are experienced family lawyers who have trained as mediators and can, therefore, provide within the mediation process, information about the legal rules that apply on separation and divorce. Lawyer-mediators are trained to deal with all issues arising out of a separation or divorce. This includes child related matters and financial and property issues. The mediator also has a knowledge and understanding of family behaviour. The mediator is sensitive and alert to power imbalances within a couple's relationship and to any behaviour which could affect the openness and fairness of the process for both parties. The mediator is non-judgemental and does not act as an arbiter or judge. The mediator will be even handed with the parties and will try to assist the parties in reaching a mutually acceptable resolution of all matters arising out of their separation.
back to topWhat is an information and intake session?
Some mediators arrange a separate first session for each person before the joint mediation sessions begin. This first session allows the mediator to explore whether a joint mediation will be appropriate. General information about the mediation process will be provided. The issues to be addressed can be identified. How these issues will be tackled will be left to the joint sessions. Even if mediation stops after the intake session, it should help clarify some issues and provide information. In most cases, a joint session between the parties would then be arranged. If the intake mediator can see that mediation is not the right way forward, then the mediator will confirm this after the intake session.
back to topWill the parties require lawyers of their own?
A lawyer-mediator can give full information about the legal framework but cannot provide legal advice to either party. The information provided is to allow the parties to decide what arrangement would be appropriate for their circumstances. The parties will be encouraged to take advice from their lawyers on any proposals or suggestions made at mediation. Any proposal agreed at mediation should be confirmed in a formal Agreement which will be prepared and adjusted between the parties and their lawyers. If a party is eligible for Legal Aid, then it will be necessary to go through a lawyer to confirm whether the costs of mediation will be met by the Scottish Legal Aid Board.
back to topWhat about confidentiality?
Discussions in mediation are confidential and cannot be referred to outwith the mediation unless both parties agree. The only exception to this is in relation to information provided about money or property which is exchanged between the parties and is, therefore, not subject to the same rule of confidentiality.
back to topWho might suggest mediation?
Anyone with the interests of the family at heart. For example, Social Workers, Doctors, Ministers, Couple Counsellors and in appropriate cases Solicitors, Sheriffs, Citizens Advice Bureaux etc. Parties can also come to mediation direct.
back to topWhat are the benefits of mediation?
The main benefit is that it provides a framework for parties to resolve their differences constructively rather than in a confrontational manner. The process gives the parties the power to decide on how their issues are to be resolved, particularly arrangements for children, rather than having decisions made for them by a third party in a Court. The process can be commenced at any time. It can take place before or after separation and before or after divorce. The earlier that mediation is attempted, the more chance there is that the relationship between the parties can remain amicable after separation. There are huge benefits to the children if their parents are able to resolve matters in a constructive and non-confrontational way.
back to topHow is mediation paid for?
An hourly rate is charged for intake sessions and for joint mediation sessions. This is shared between the parties in whatever proportion they agree. The rate may vary depending on the mediator. If parties qualify for Legal Aid, their Solicitors should be able to arrange for their share of the costs of mediation to be covered by Legal Aid subject to usual Legal Aid rules.
back to topDo both parties have to agree to mediation?
Yes. Anxieties about the mediation process can be explored at the initial stages and at any intake and information session. The process is voluntary and will only have a chance of working if both parties agree to commit to the process. If one party refuses to attend mediation, then the process cannot proceed.
back to topHow can the mediation process be started?
The parties, or their advisors, should make contact with a mediator to arrange a suitable time for an intake session or a first mediation session. If a party qualifies for Legal Aid, then he or she should contact their Solicitor to obtain the Scottish Legal Aid Board's permission to attend mediation before contacting a CALM mediator to arrange an appointment.
back to topHow many sessions will be necessary?
It is difficult to predict how many sessions will be needed for a particular case. It depends on many factors including the number of issues and the complexity of these issues which have to be addressed. If the parties are able to communicate well and in a constructive manner, then issues can be resolved more quickly. It is however extremely unlikely that one session would be enough. By the end of the third session, the main issues should have been identified and options for resolution of these issues should have been considered. Further sessions may be required to implement or monitor arrangements agreed.
back to topHow long is each session?
Each mediation session should last about an hour and a half.
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