Mediation
The successful mediation of a dispute
over family property or children will cost a fraction of the
amount that you could spend in seeking a remedy through the
courts.
What
is 'Family Mediation'?
Family mediation is a process
in which an impartial third party, the 'mediator', assists a
separating couple to reach decisions about their children, finances
and property. It is intended as a process to empower the participants
to solve their problems for themselves. It is not intended to
be a reconciliation or counselling process.
Who
will mediate?
Ken Gulati is a lawyer who specialises
in family law and children matters. In over thirty years of
practice he has come to believe that mediation is a better way
to resolve family legal disputes than the traditional court
processes which can be expensive, stressful and damaging to
relationships and the children.
He is a member of the Law Society's Panels on Family Law and
on Children.
He has established his own firm with a Legal Aid Family Law
Franchise.
He appears regularly as an advocate in local courts.
He is a member of the Solicitors Family Law Association.
He has trained with the Solicitors Family Law Association as
an All Issues Sole Mediator.
How
does mediation work?
Couples must both wish to attempt the
process of mediation. The mediator will arrange the first appointment
with each of the participants and a meeting will then be held
to arrange the ground rules and the subjects for discussion.
Further appointments will then be arranged as necessary.
The mediator is trained to guide and assist open, free and balanced
discussion. He or she will help the parties to obtain the factual
information they need to reach a realistic consensus. At the
conclusion the mediator will prepare a summary of the proposals.
Is it legally
binding?
A mediator has no power to impose a
settlement and all discussions in mediation are confidential.
The parties are encouraged to consult their own solicitors at
all stages but especially on any proposed terms of settlement
before committing themselves to any binding agreement.
What does it
cost?
Mediation is conducted in sessions
lasting one and a half hours. Experience suggests that an average
of six to eight sessions may be needed. The charges are payable
at an hourly rate at the end of each session and may be shared
by the couple in any way they wish. The mediator will charge
for the time involved in preparing the final summary.