Frequently Asked Questions

Please click on the question to read the answers. If you have a question to ask or would like advice click here to get in touch or call 01245 492200.

What is mediation?

Mediation is a non legal way of resolving disputes. The Mediator acts as an impartial third party and facilitates discussion between the conflicted parties enabling them to reach suitable and mutually acceptable agreements. Mediation can be used to resolve a variety of disputes including but not limited to, family disagreements, Divorce/Separation matters including asset division, Children’s arrangements, workplace conflict and commercial disputes.

 

How much does Mediation cost?

Essex Mediation is a not for profit organisation which was established to provide affordable accessible mediation to those facing conflict. Details of our family fee’s and counselling fees can be found on the website. All other service fee’s are tailored to the needs of the individual case. All fee’s will be discussed and agreed in full before mediation commences, so there are no nasty surprises.

How long does it take?

This differs depending on the mediation case type. A typical Divorce case which involves the division of assets and children’s arrangements will be completed on average within 3 sessions.

Workplace and Commercial disputes are normally resolved within 24 Hours of the mediation beginning. These disputes are normally mediated in an intensive half day or daily session.

Is Mediation suitable?

During your initial assessment one of our experienced mediators will discuss the options available to you. They are professionally obligated to inform you if they do not think that mediation is suitable and they can signpost you to alternative solutions. Mediation has been proven to be successful in over 80% of cases and this is why it is now part of the judicial process for dispute resolution but it does not work for all and whilst we make no promises, we will advise you if we do not think this is the right route for you.

What qualifications do your mediators/Counsellors hold?

Our team of experienced and qualified Mediators are all trained to the highest professional standards. Our Family Mediators are all Family Mediation Council accredited and are members of the College of Mediators and National Family Mediation.

Our Workplace and Commercial Team have all completed the relevant accreditation from a recognised training provider and are members of the Civil and commercial Mediation Council. They bring with them a wealth of experience from the fields of Litigation and HR.

Our Counsellors are trained to Diploma level and are members of the BCAP and National Counselling association.

Can I get Legal Aid?

If your dispute is covered by Legal Aid and your are found to be eligible for public funding (Legal Aid) then mediation could be totally free.

If you are not eligible then there will be a charge. As a not-for-profit organisation we try and keep our fees as affordable as possible and they are generally lower than commercial routes. Please contact us for more information 01245 49 22 00

How long is my Legal Aid assessment valid for?

The Legal Aid Assessment is valid for a period of 3 months from the date of your assessment appointment.

How long are my Court Forms valid?

If you wish to make an application to the court you will need to have explored Mediation as an option. To demonstrate your willingness to do this, you require a Mediator to sign the appropriate Court Form to confirm your attendance. Please note these forms are only valid for 4 months from the date of issue. Applications after this date will require a New assessment meeting and form.

Do I need to be in mediation to see a counsellor?

No, our counselling service and mediation service are separate. Referrals to our counselling team can be made directly by calling 01245 492200.

Who will my mediator be and will we see them every time?

You will be assigned a mediator for your initial Mediation Information and Assessment meeting; we will then endeavour to ensure you see the same mediator throughout the process.

Is the Mediation Agreement legally binding?

No, however, the paperwork prepared by the mediator once mediation is complete can be given to your solicitor to be incorporated into a legally binding agreement.

What is the difference between Arbitration and Mediation?

The main difference between arbitration and mediation is that the final decision and verdict are decided by the arbitrator not the parties following the hearing of all relevant information. Mediation allows the parties to work out the best solution possible for them.

Do I still need a solicitor?

The answer to this is no, you can mediate without legal representation saving you a considerable amount of time and money. Mediation is not a legal process, it is completely confidential and anything that is discussed in mediation is done so without legal prejudice. This means it cannot be later used in court.

Although legal representation is not necessary, mediation is part of the court process and it is sometimes advisable for the parties to appoint a solicitor to help with proceedings. We work closely with the legal profession and can provide you with details of local solicitors if required.

 

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