Mediation is voluntary at every stage of the way. This allows the mediation to proceed at the pace and in the way that the clients wish and are comfortable with.
Mediation is not a judgment by a third party mediator on what is best. Instead, it is a process managed by the mediator to see if the clients are able to agree between themselves.
Subject to some limited exceptions (set out in the Agreement to Mediate that you will need to sign), the mediation is fully confidential. Being able to speak openly and freely in a mediation is critical to being able to arrive at an agreement that takes into account all relevant considerations and that both clients are comfortable with.
Whilst clients will need to look to their mediator to skilfully shape and control the process, clients take ownership of what they are agreeing and how to go about it. Decisions will not be imposed by the mediator.
The mediator will want to know all about the children and the clients' views on how they should be treated and, as appropriate, hear from the children, in order to ensure that their interests are being properly put first. This is consistent with the notion in law that parents are usually the best people to know what is best for their children and that they should be encouraged to agree arrangements together.
It is critically important that mediation is seen as a safe place. Participants must feel confident to be able to speak openly and freely without any concern for example that raising issues will have negative repercussions for them or that they may be taken advantage of.