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As mediators we always encourage parties to ensure that any children are not privy to discussions surrounding their separation. The current situation is no exception to that. For mediation to work remotely, parties will need to ensure that children are not in earshot when the session takes place. For some this may be difficult with young children and the inability to ask others to watch them. If you are concerned about this, please contact one of our mediators to discuss further options available.
There is no reason why both parties cannot be in the same room using the same device if they both wish to do so. It is however important for both parties to respect the discussions which take place with the mediator present and when the video call ends refrain from continuing the discussion unless both parties wish to do so in which case they would need to report back to the mediator at the next session. Again if this is a concern, please contact the mediator to discuss further and consider other options.
Unfortunately, without access to the internet or mobile data the video call cannot take place and other options may need to be explored before mediation can take place.
It is the mediators responsibility to manage the mediation room whether there is in person or virtually. Whether a mediation takes place round a table or online, the mediator will ensure that both parties have an opportunity to be heard and that any power imbalance is dealt with appropriately.
In mediation, we encourage parties to reflect on discussions and not to feel pressured into reaching proposals without sufficient time to process the options. The same applies to online mediation sessions. We would therefore suggest that there is more than one session so that each party can consider the other parties proposals in their own time and also obtain independent legal advice. As with round table mediations, if you wish to involve your solicitor in the online mediation that can be arranged.
