Offering a lifeline to many families in the midst of separation and conflict, mediation involves using an impartial third-party (our family mediation lawyers) to guide you and your partner’s discussions over several sessions to help reach a mutually agreeable solution. We acknowledge that often, separating couples find it difficult to talk to each other directly. This can make meetings and discussions between them problematic rather than constructive. However, sometimes seemingly intractable disputes can still be resolved outside of court, with the assistance of an expert family mediator.
Mediation can be used at any time, married or not, with or without children. Even if you feel that your relationship has gone past the point of repair, mediation can help.
How are family mediation lawyers can help you
Our accredited family mediation lawyers in Glasgow and Edinburgh are highly experienced in mediating complex cases in Scotland and England & Wales and are members of CALM Scotland and Family Mediation Council (England). We create a calm environment where you feel comfortable working towards the best outcome for your family. We have considerable experience dealing with high-conflict disputes, including child cases which include cross-border issues. Our mediation lawyers also have expert family law knowledge which we can bring to international cases or cases where jurisdiction is an issue or those involving more complex finances or businesses.
Beyond mediation, our family law team supports in other alternative dispute resolution methods such as family arbitration, providing comprehensive assistance tailored to your unique needs.
Mediation is not guaranteed to succeed but can very often result in positive outcomes for all involved. The potential benefits of mediation are control of the process; the freedom to tailor a settlement to suit your particular circumstances; confidentiality; and the fact that you can preserve relationships (or prevent further breakdown).
Mediation is usually a much more cost-effective process than court. It will usually take place more quickly than a court timetable and involve much less expense. The benefit of being in control of your own outcome can also be considerable in terms of emotional as well as financial stress.
We can offer mediation either based on hourly rates, or a fixed fee mediation package. Please contact us for details.
As mediators, we find that there is often something very powerful about allowing space to hear what the other person in a dispute truly thinks - and then being listened to in turn. It can allow for the breaking down of assumptions that you might not even realise you had, about why someone is acting in a certain way.
Whilst you do not need to instruct a lawyer for mediation, doing so means that your mediator understands and can provide impartial information about the legal framework. All of our mediators are qualified family lawyers. Lucia Clark and Karen Wylie are accredited by the Law Society of Scotland and members of CALM Scotland (the Scottish association of lawyer mediators). Savita Sharma is English family mediator and member of the Resolution and Family Mediation Council.
If you are instructing us as a mediator, we cannot act for you as an individual or provide legal advice. It can be helpful to have your own solicitor to provide advice whilst you are mediating. We are also experienced in assisting our clients through the mediation process.
In arbitration, the people involved in the dispute agree to refer it to an Arbitrator for resolution outwith court. The process is similar to a court action, and the Arbitrator makes a decision which is binding on both parties. Fiona Sasan is a qualified and accredited Arbitrator and member of FLAGS - a group of nearly 50 solicitors, counsel and former members of the judiciary who have undergone training to act as family law arbitrators.
Arbitration is designed to be quicker and more flexible than going to court, with the option to choose your decision-maker and tailor the process as needed. It can also be confidential.
