Family & Business

Mediation in the family area is perhaps even more developed than in the civil and commercial area.

Historically, the two models of mediation have been different and the two worlds have barely communicated. This is all changing. The classic model of
family mediation has involved a series of meetings between the mediator and the parties of around one and a half hours duration. These meetings might
take place at fortnightly intervals over a period of several weeks. The respective lawyers would know what was going on but not be at the meetings.

The result of the meetings would be a memorandum of understanding that the parties could take for final sign-off from their lawyers and, ultimately,
the approval of the court. Family mediators focus forwards; they are trained to recognize high conflict and highly emotional couples but, at the same
time, their role is to seek to assist the parties to find agreement on the key issues of children and contact with the children, who is to live where and the money; other issues are often safely left with counselors and therapists.

However, the two models are perhaps moving closer together; family mediation, having not adopted the " shuttle diplomacy route " of private
meetings between the mediator and the parties is now experimenting with this model. It is also looking at longer meetings, even with the lawyers present. Two key differences remain; the final agreement will always need to be approved by the court and all financial disclosure as the mediation progresses will always be on an " open " rather than a " without prejudice " basis.

Often, the couple will have been involved in a business together. This may have been quite substantial or on the smaller side. This will throw up issues that will be the same or similar to those in a shareholder or partnership dispute in a civil and commercial mediation.