Mediation
Safeguarders are all fully trained mediators with National Family Mediation (NFM), and Safeguarder Services is able to offer Mediation as an alternative to a contested court hearing where both parties agree to this. The Mediation process is kept completely confidential, and if the Court appoints a Safeguarder to your case either before or after Mediation, records will be kept separately and no information will be shared between the mediation and the Safeguarder.
The principles of Mediation are that it is:
- Voluntary (including the mediators)
- Impartial (all information is shared)
- Confidential (exceptions would be an Open Financial Statement, or child protection and safety issues)
- Decisions are made jointly by parties
- Agreements made in mediation will be written up as a Memorandum of Understanding. They are not legally binding but may be drawn up into a Consent Order by your advocate
How will mediation work?
Mediation takes place through joint meetings with the help of trained, impartial professionals. The mediators are there to help you and your former partner to have a conversation about the issues that need to be resolved. Any decisions you make will be made freely by you and your former partner without pressure. As communication can at times be difficult in times of emotional stress and upset, mediation can help by providing a safe place for individuals to explore thoughts and feelings and reach agreement in a confidential setting. Meetings take place in a relaxed environment which aims to encourage open and honest communication.
Mediation is not counselling, therapy, or marriage guidance.
Mediators will not give advice, and will remain neutral as to the outcome, but will help you explore solutions that are appropriate for you.
What issues can be discussed through mediation?
- Where the children will live
- When and how the children will see the non-resident parent
- How best to explain the situation to the children
- How much time children will spend with their extended family
- Who the children will spend holidays with such as Easter, Summer and Christmas
- How parents will communicate about their children
- Outside relationships and new partners
What next?
If you think mediation could help you then mention this when you make your application to the Greffe (if applicable), to your advocate (if you have one), or at your initial Court hearing. The Court can appoint our Service to mediation, or either the Greffe or your advocate can complete a Mediation Referral form with you and forward this form to us. We will hold assessment meetings with each of you to confirm suitability for mediation, at which we will collect all the relevant contact details, details of your children and your overall objective in attending mediation. You will then be contacted by one of our mediators who will arrange the sessions with you and your former partner together.
Through mediation we hope to be able to help you concentrate on the present and the future, not the past. We hope to be able to assist you in reaching decisions which will help you to move on with your life.
The decisions you make now will affect both you and your children into the future.
For further information on mediation, contact National Family Mediation
Safeguarder Services
1 Rue due Manoir (Court Row), St Peter Port, GY1 2PD, Channel IslandsTel: +44 1481 743700 Email: safeguarderadmin@gov.gg
