A mediator is someone that is used in the final stages of a divorce, so as to generate a useful amount of information and a set of guidelines that can then be used by both individuals that are involved in the divorce proceedings.
This happens when the marriage has broken down and is not to be confused with marriage guidance, counselling or other forms of help that may be used to help with the emotional factors in a divorce. The family mediator is brought in as a third party so as to offer information and outline options that are available. They may also advise each party to seek some sort of legal advice. This can be helpful in certain events and will require the presence of a solicitor, however it is up to either party as to whether this addition is necessarily needed. However, the Mediator can never advise either party on things that may be of their own interest.
There may be a large number of problems and options that need to be addressed in the family mediation services. These will be considered without prejudice to either party, however discussing options with a solicitor can open up instances that would be in ones best interests. Financial information must also be disclosed and this will be used on an open basis to as to help progress the case. The Solicitor will also need this information, so as to make decisions on how to guide those that are involved.
In Court
When in court, the term 'without prejudice' refers to the concept that what was said in the discussions leading up to the case cannot be taken for granted unless both members in the case agree on them. The main aim of family mediation in the situation of divorce is to allow both parties the ability to feel confident in the knowledge that they are able to explore all the various possibilities that are available to them, without feeling as though they will be discriminated against for feeling the need to choose or simply discuss the possibilities of these various options. Mediation should be used when both individuals in the divorce cannot come to an agreement about the ownership of objects such as finance, property and children that may be involved.