FAQs … your questions answered
Q1 - Is my case suitable for mediation?
Djems mediators only accept cases where they feel confident of achieving a successful outcome for their clients. A number of factors are considered – for example, a relationship must be over, there must be willingness from both parties to seek solutions in a non-confrontational way.
Q2 - What role does the family mediator play?
The family mediator’s role is to facilitate agreements between couples which are in the long-term best interest of the whole family. The mediator works with complete impartiality towards an agreed settlement which will enable both parties to move on and re-establish themselves independently of each other insofar as is possible. Djems works independently of the courts, solicitors and barristers.
Q3 - What does the mediation process involve?
The mediation process used by Djems involves the application of a proven formula. This four-stage process can be summarised as follows:
- Evaluation of cases and engagement of clients
- Disclosure of relevant background and financial information
- Principled negotiation and options for settlement
- Drawing up legal agreements and where appropriate filing the same at Civil Courts
Q4 - Does family mediation involve joint meetings?
Most of our clients find separate meetings with the mediator to be less stressful and more productive than joint meetings. Couples are occasionally seen together at their first meeting with the mediator, usually in cases where they are still living together and have both agreed that the relationship is over.
However, clients must conduct all negotiations through the appointed mediator.
Q5 - How long does the mediation process take?
Timescales are agreed at the outset of the mediation process. Most financial settlements are successfully concluded within 3-6 months depending on complexity. Voluntary agreements concerning children usually take between 1–2 months and invariably precede financial agreements.
Q6 - How much does the mediation process cost?
All professional fees, including any disbursements, are agreed at the outset of the mediation process. Hourly rates range from £95 - £125 per hour. Costs are usually shared equally between the parties. All our charges are subject to VAT unless otherwise stated.
Q7 - When are mediation fees payable?
Our professional fees and disbursements are clearly set out in the form of a quote followed by a formal letter of engagement to both parties. One third of the fees are payable at the outset of the mediation process, one third on reaching a draft agreement and the balance plus any agreed disbursements within 14 days of completion.
Q8 - Can clients take independent financial and/or legal advice during the mediation process?
The simple answer is "yes". Clients are encouraged to take legal advice, in particular, where clarification on points of law may be an issue. Clients can take independent professional advice at any stage without prejudicing the mediation process.
Q9 - Are mediated settlements legally binding?
All financial settlements agreed through Djems result in a legally binding contract between the parties in dispute. Voluntary agreements in relation to children are considered an undertaking of one parent to another usually in relation to residence or contact arrangements.