Frequently Asked Questions (FAQs)

Mediation is a voluntary and confidential process where an impartial third party, the mediator, provides a safe space and a staged process to help clients in dispute to communicate, negotiate, and reach a mutually acceptable solutions.

Mediation is less formal, quicker, and less expensive than using solicitors and the courts. It focuses on collaboration rather than confrontation, allowing clients to have more control over the outcome.

Anyone involved in a dispute, whether it's personal, family-related, business, or community-based, can benefit from mediation. It's a flexible process applicable to various types of conflicts. Here at FMJ we offer mediation for all kinds of family conflicts.

Family Mediation Jersey offer Child Inclusive Mediation (CIM) and it is free! It provides an opportunity for children and young people aged 10 and over to speak with a neutral third party and have their views fed back to their parents to consider in their decision making.

CIM is a specialised approach within the field of family mediation that focuses on involving children in the decision-making process during divorce or separation. It recognises the importance of considering children's perspectives, needs, and voices when making decisions that directly impact their lives.

Get in touch info@fmj.je or call 638898 for confidential advice, initial intake session free, further sessions at a reduced fee based on earnings www.fmj.je

As part of the mediation process, we can offer your children the opportunity to talk to someone independent through what we call direct consultation, or Child Inclusive Mediation (CIM).

Mediators don’t ask children to make decisions about what they want, or who they may wish to live with. This is for parents to decide. However, CIM allows children to voice any worries, views or thoughts they might have as well as, if parents want them to, to give their views on the proposals and arrangements being discussed in mediation so their voice can become part of the process.

Our mediators will only see children with the permission of both parents and we’ll contact the children to offer an appointment. If they don’t want to see the mediator, they can say no, and if there are brothers and/or sisters, they can be seen together or separately.

The mediator will talk to both parents in advance of this meeting to help prepare them and the children accordingly. Children shouldn’t feel they need to take sides, especially if there is a difference of opinion between parents. It’s also important parents don’t try to influence a child’s view before the meeting, nor express any disagreement or disappointment with children afterwards.

As with all mediation, meetings with children are confidential (with the exception of safeguarding, or other serious concerns) but at the end of the session, the children and mediators will agree what can be fed back to the parents and whether this will be done by them, the mediator or both. Feedback may also be given separately to each parent.

At FMJ we offer CIM appointments free of charge.

The outcome of mediation is not legally binding. However, if proposals are reached and both clients consent, agreements can be formalised through solicitors or the courts.

After clients have had their intake sessions which last around an hour, if suitable for mediation, we move onto joint session(s) which usually last 90 minutes.

There is no need - after each session, a summary of key issues discussed, proposals made and things you may need to do before your next session is provided as an aide-memoir. At the end of mediation your mediator will write a formal summary of your proposals for you to take forward through your solicitor if need be.

Mediation sessions can take place in separate rooms, with the mediator going between you, if being together in one room is too difficult. We can also arrange for separate arrival and departure.

The duration of mediation varies depending on the number and complexity of the issues and the level of conflict between the participants. It can range from a single 90 minute session to multiple sessions over several weeks or months.

Mediation costs are generally lower than litigation. Initial individual meetings and child inclusive mediation sessions are free of charge at FMJ. Our clients are charged individually for mediation sessions on a sliding scale according to their net income. See our Terms & Conditions for more information.

The mediator facilitates communication between the clients, helps identify issues, explores interests and concerns, encourages creative problem solving and guides the negotiation process. The goal is to find a mutually satisfactory resolution.

Mediation is a process where a neutral third party helps individuals or groups in conflict reach a mutually acceptable resolution. Effective preparation is crucial for a successful mediation session. Here are five tips to help you prepare for mediation:

Understand the Mediation Process: Familiarize yourself with the mediation process. Learn about the role of the mediator, the structure of the session, and the principles of mediation. Knowing what to expect can help reduce anxiety and enable you to actively participate in the process.

Clarify Your Goals and Interests: Clearly define your goals for the mediation and identify your underlying interests. What outcomes are you seeking? Understanding your interests—beyond just your initial positions—can help you find creative solutions and compromises during the mediation.

Organize Relevant Information: Compile and organize all relevant documents, information, and facts related to the dispute. This may include contracts, emails, invoices, or any other materials that support your case. Having this information readily available can help you present your perspective more effectively during the mediation.

Anticipate the Other Party's Perspective: Consider the other party's likely arguments, concerns, and interests. Anticipating their perspective can help you prepare responses and potential solutions. This understanding can also facilitate a more constructive dialogue during the mediation process.

Prepare Emotionally and Mentally: Mediation can be emotionally challenging. Take the time to reflect on your emotions and consider how you will manage them during the session. Stay open-minded and be prepared to listen actively to the other party's perspective. Be ready to communicate your own needs and interests clearly and assertively.

Get in touch info@fmj.je or call 638898 for confidential advice, initial intake session free, further sessions at a reduced fee based on earnings

You do not need to see a lawyer to be involved in mediation but as your mediated agreements will not be legally binding, we advise clients to seek legal advice along the way if necessary and before finalising agreements, particularly regarding finances.

Yes, mediation is confidential. The discussions that take place during the mediation sessions cannot be disclosed outside the process, ensuring a safe space for open communication. The only exceptions are where the mediator learns of risk of harm or disclosure of illegal activity.

If mediation is unsuccessful, clients can pursue other dispute resolution methods, such as solicitor negotiation or the court. The information shared during mediation cannot be used in court proceedings.