Mediation has been a lifeline.  We have tried every other angle but it’s not worked. This has proved to be a positive experience - Anon - Stockport.

 

We were keen to resolve matters amicably and to remain friends for the sake of the children.  Our friends told us we didn’t stand a chance of achieving such a result.

We do not hate each other and have accepted that we are just not right for each other.

Ending a relationship is painful, but Bernadette helped us to ensure we did everything in the right way to benefit us and the children.

Bernadette respected our wishes and did not try to stir up any problems. She helped us reach solutions easily and was clear about the information she required from us.

As a result of resolving our issues through the mediation process, we can maintain a friendship and civility which enables us to communicate effectively for the benefit of both ourselves and our children.  We believe that by resolving our separation through mediation, we will be able to enjoy sharing our children’s milestones in life together.
 
We both look forward to sharing our children’s milestones in life together.

Mr M - Bramhall

A day in the life of Bayla

I wake up at 7:30 am.  All is quiet in the house – that makes a change!  We’ve got  two grandchildren (and their mum and dad,of course) staying with us at the moment and more often than not the little boy is outside our room at some unearthly hour playing with his Thomas the Tank set.  But today is quiet. Bliss. Let’s turn over for another few minutes shut eye. Half an eye on the clock now. Don’t need an alarm clock, as I soon hear the little guy “chuff chuffing” outside the door. 

8:00 am the phone rings.  A tenant  needs an original Tenancy Agreement for the Council. She’s lost hers.  I tell her I’ll pop one in later today.  She locked herself out the other day.  Luckily I was home and able to give her the key.  Must remember to ask for it back just in case it happens again. 

Before I go for a shower I wake up my daughter who is enjoying later mornings now she has finished her exams.  She has a panic because she has lost an expensive book that a teacher lent her.  She’s sure she’s returned it . She says she remembers giving it to her when she was in her car.  Quick scour of bookshelves to see if tidied it away (unlikely!).  Daughter will see if it’s in school. Hope its found otherwise I can see yours truly forking out for it.

Phone goes again – good job I’ve got a later start at work today – it’s a colleague from a children’s charity I’m on the management of.  Can she pop in to collect some donations I’ve been given for the charity.  We’re in quite dire straits as we’re finding it difficult to raise funds in the current economic climate  The credit crunch means that everyone has to be careful and donations are not easy to come by at present.  I must se if there are any grants that we can apply for.  I went on a course recently that explained how the grant givers want to hear what the outcomes of programmes are.  So I’ll have to ask our employees to explain how our project will change the lives of the children we reach out to.  I say my morning prayers and bring another load in the washing machine, have a cuppa before setting out to work.  I have a good half an hour journey in my car and I turn on the radio – more silly phone-in programmes.  Maybe I’ll put a music cd on instead.  That’s much better.  I sing along.  No-one to tell me what a rotten voice I’ve got – Brilliant!

My working day begins. I have three appointments, two about children issues.  Often it’s not just a question of fixing times for the non resident parent to see the children but also how and where contact takes place, who washes the school uniform and what type of food the children should be given.  The first client came alone, her ex-partner will be in next week. They prefer to mediate apart but it does slow down the progress of the mediation.  The other appointment was for both Mum and Dad – who are still speaking.  In between I manage to speak to another client’s Solicitor about the wording on a Consent Order that was agreed on in mediation.  A Consent Order has the authority of a Court Order except that it has been reached by the consent of both parties and not had to be imposed by the Courts.  It can only be changed by the consent of both parties.  When my clients reach an agreement I feel like dancing.  I am so happy for them.  They can now move on with their lives.  I always tell them that if they have any issues in the future they can always come back to mediation and they shouldn’t think of returning as being a failure because in fact it’s a strength to want to make an agreement and not allow matters to fester.

I get good news today.  I’ve found a lovely room in Whitefield where I can see clients from north Manchester.  That’s good.  I did feel bad for my clients coming sometimes on 2 buses to see me – well hopefully they found it worthwhile!!  Just e-mailed Tracey to confirm that I want the room from next week. 

One more client today.  This is a financial and property issue and reaching an agreement will save my clients literally thousands of pounds in court and legal fees.  We’re going to have a look at their pension schemes and value their three properties – not easy in this day and age. There are also ISAs and shares.  Lots of number crunching.  Yum!  I’m looking forward to helping these clients to make decisions which enable them both to be independent in the future. 

Before I know it, Tracey is telling me that they’re locking up the office in 5 minutes so if I don’t want to be locked in I must grab my bags and my keys … and don’t forget my mobile. 

Back in the car and all the news on the Beeb.  This journey helps me move back into home mode.  A quick foray into the local corner shop for some groceries and home again.  And guess what?  He’s still playing with his Thomas the Tank figure!

My daughter’s made a delicious soup and I do a quick stir fry.  My family always say there’s one good thing about my cooking – it’s always fresh, euphemism for cooking supper just minutes before it’s served!

If I’ve got any strength left after clearing up the dishes I might go swimming at 10:00 pm tonight.  On the other hand I might just curl up with a good book ……a crime thriller of course!

 

 

Glad I attended for mediation assessment as the Mediator pointed out a number of issues I was not aware of and also explain the legal aid position.  She put my mind at ease regarding the position regarding the children and the procedures available.  Mr H - Cheshire

 

I definitely found the initial free meeting helpful. I was concerned about coming until I met the Mediator.  Ms C - Cheshire

 

Attending mediation helped me to be able to explain what my ex has been like and how he’s made me feel.   Mrs D - Runcorn

 

 

Workplace mediation feedback

(Small Business, Manchester)
Thank you for mediating the issues between the two Directors. As a result of mediation we have been able to retain two very valuable people and preserve the business.

(Public sector, Salford)
Mediation participant:
The time spent with you was invaluable in that you opened my eyes to a different perspective.  I now appreciate we had the same goal but were approaching it very differently. You have taught me a lot about myself and dealing with other people.

(Small Business Sector, Stockport)
Co-Director:
You saved us a fortune!  You enabled us to resolve the disputes through mediation in one day.  Our previous experience of workplace disputes was spending days dealing with the issues through our legal team and ending up with a very large legal bill and having to replace staff at a huge expense.

(Public Sector, Greater Manchester)
HR Dept:
You helped us save over £8,000.00 of legal fees by mediating the dispute.  This is a small fraction to the real savings we made by retaining valuable staff, and maintaining productivity.  I cannot put a figure on the true savings but it must be thousands more. Thank you!

(Partnership, Warrington)
We contacted Bernadette on Monday and by the following Friday the matter was resolved!  What a contrast to our previous experiences with months of disruption spent with lawyers and preparation for tribunal. We will always consider mediation as the first option in the future!

This is often a worry for clients as they feel they may waste their time and money, especially when paying privately.  They may be concerned that their ex-partner is not as committed to mediation or may not wholly embrace the mediation process.  

 

Clients often comment that they feel their ex-partner will agree to something in mediation and then go against this agreement afterwards.  We cannot give you any guarantee, and neither can your Solicitor who can only fight for the best deal for you, however with your commitment and willingness to resolve matters through mediation, we will help you both reach a fair agreement.

 

Even if it is not possible to reach an agreement on all of your issues, mediation does help to narrow the gap.  Therefore, should you need to take the remainder of your issues to a Solicitor and/or Court, you may find mediation has lessened your expenses considerably by having helped you already reach some agreement. 

 

Feedback from clients has also shown that after attending mediation, they have been able to communicate with one another more easily and in some cases they have been able to finalise their remaining issues directly between themselves.

 

We offer single and joint appointments. 

Mediation is quicker for you both if you can attend together, as you immediately receive one another’s reply to any discussions or proposals. The Mediator may also assist you both by proposing further options you may not yet have considered. 

 

However, it may not be possible to sit together in one room. The Mediator may also determine that separate sessions (shuttle mediation) would be more appropriate for you both. 

 

If mediation is to progress by way of shuttle mediation, the Mediator will meet with you both either at the same time, whilst you are seated apart in completely separate rooms, or you will be asked to attend completely separate appointments. 

So why would we ask you to consider mediation if you are paying privately?

 

Should you decide to try the mediation process, you will have the support of both a Mediator and your Solicitor, who work together to benefit you and, this may surprise you, having both experts can actually save you time and costs!

 

You will usually need to attend an average of 3 sessions of 1 hour or 1½ hours to enable you to resolve your matters through mediation.  The cost of each session also includes all time spent on your file, correspondence, phone calls, attendances, letters etc.  The only additional fee you will be asked to pay is for a “Memorandum of Understanding” should you wish us to draw this up for you. This is the document containing the agreement you reached in mediation.

 

In comparison, when paying your Solicitors fees you will be charged separately for all calls, correspondence, meetings, time spent on your file etc. and these costs can really add up!

Your Solicitor may need you to attend a mediation assessment meeting for funding purposes. We can return a form to your Solicitor which informs Legal Aid that you have considered the mediation process and enables your Solicitor to claim further costs from the Legal Aid fund.

 

This referral to mediation of course also introduces you another way of resolving issues which you may not have previously been aware of thereby giving you a choice of mediation rather than resolving issues solely through your Solicitor and the Court.

 

Should you decide to try the mediation process, you will have the support of both a Mediator and your Solicitor, who work together to benefit you and, this may surprise you, having both experts can actually save you time and costs.  If you are legally aided, don’t forget your mediation costs will be completely free of charge. This may not be case with your Solicitor as Legal Aid is like a loan and you may be asked to repay all or part of your legal aid or make contributions towards it.

 

The advantage to mediating when receiving Legal Aid is that your mediation costs are completely free of charge and you won’t have to repay anything at all!

 

If for any reason mediation partly or wholly breaks down, we are then in a position to return a form to your Solicitor to show you have tried the mediation process which again will enable them to apply for Legal Aid to further cover your legal costs.

 

Unfortunately, if you choose not to attend, your ex-partner will have no choice but to go down the legal route being possibly forced into issuing legal proceedings against you.  To ensure we are fair to both of you, we feel obliged to make you aware of this.  

Should you wish to reconsider mediation in the future, you can contact us again at any time.  To embark on mediation in the future, you will both need to agree to this. 

 

In many cases, the Courts are now referring clients to mediation.  You may find you and your ex-partner have already paid out costly legal fees to then be forced to reconsider mediation.  This is no detriment to you whatsoever, except perhaps to your bank balance!  
 

Even if you feel there are no problems between you, or you don’t feel you need to attend, or don’t understand why your ex-partner has invited you to mediation, we would urge you to reconsider.  

 

Just by the very fact that our mediation service has been contacted by your ex-partner or one or both of you have been referred by your Solicitors, this is an indication of your ex-partner having issues that they wish to resolve with you.

 

Alternatively your ex-partner may feel unable to discuss their issues directly with you, and wish a Mediator to help them broach these, to help both of you reach a fair agreement rather than proceeding to a legal fight. 

 

It may be their Solicitor has suggested mediation rather than going solely down the legal route and issuing legal proceedings against you, which could immediately put you on the defensive. 

 

Please be re-assured that you are not excluding the right to seek legal advice by attending for mediation.  Our Mediators are Lawyer Mediators and they will give you legal facts during mediation.  They will also suggest you seek your own independent legal advice when needed during the mediation process.