Questions

I have separated from my husband and we are fighting over how to split up our house and furniture. I don't want to go to court, what can I do?

Mediation is a good way to get together with your husband to discuss how to settle your property with the assistance of an independent mediator. Mediation provides an environment where you can discuss your needs and concerns and look at options that are available to you. The mediator is trained to assist you to communicate together to reach agreement. You are responsible for any agreements made, unlike the court system where a decision is handed down to you both.

Is the mediation agreement legally enforceable?

Any agreement that is reached in mediation is not a legally binding document. In a mediation over property settlement or child access issues, you can take the agreement that was made during mediation to a lawyer who can write it up as a consent order to be registered with the court. This will then make it legally enforceable.

My neighbour has a large tree that is shading my clothes line. I can not get any washing dry, but when I talked to my neighbour about it, he said he did not want to cut it down. What are my options?

When you have a problem with your neighbour, it is important to try to resolve the problem by talking with your neighbour first. If this does not work, you could both attend a mediation session which is held by a neutral third party. They help you communicate and identify ways in which you can compromise and reach an agreement that you can both live with.

What is mediation?

Mediation is where a neutral third party assists two or more people in dispute to identify concerns and investigate options with the aim of reaching an agreement. The mediator will not take sides or make decisions for you.

What are the benefits of mediation as apposed to litigation?

Mediation is less time consuming and less expensive than litigation. The outcomes are controlled by the people in the dispute so there is only agreement reached when you are satisfied with an outcome. Mediation also assists in future communication between the people involved, so it is helpful in improving future relations.

What sorts of disputes can be mediated?

Any dispute can go to mediation provided both people want to resolve the dispute. You can chose mediation at any stage in the dispute including when you have undertaken court proceedings. Mediation is useful in neighbourhood disputes, property settlements and child access issues, interfamily conflict and conflicts in workplaces. Citizens Advice Bureau Mediation Service can assist you if you would like more information.

What happens if we can not reach agreement in mediation?

If you can not reach agreement in mediation, depending on the matter, you can seek legal advice and undertake court proceedings to have the dispute resolved legally.

Questions and Answers

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