Online Mediation

[themediator]

Hi All,

 

I am a recently divorced police officer who has left the service to start up an online mediation company. To get funding for my business plan, I need to show I have done some market research. Can I ask on this forum if anyone has used mediation and their views on it?

 

More specifically, would you consider using an online mediation service via phone calls and email, where you did not have to meet your partner in person and arrange child care etc?

 

I feel really passionate about the advantages of mediation over using a solicitor and would really find your views helpful on whether you would use the services that I am proposing. Thank you so much for your time, Ali

[Taramere]

Hi All,

 

I am a recently divorced police officer who has left the service to start up an online mediation company. To get funding for my business plan, I need to show I have done some market research. Can I ask on this forum if anyone has used mediation and their views on it?

 

More specifically, would you consider using an online mediation service via phone calls and email, where you did not have to meet your partner in person and arrange child care etc?

 

I feel really passionate about the advantages of mediation over using a solicitor and would really find your views helpful on whether you would use the services that I am proposing. Thank you so much for your time, Ali

 

Yes, I have worked in the past as solicitor-mediator (I know I sound like an unlikely one, but in fact I've done it pretty successfully). Haven't done it in ages, and I trained in commercial not family mediation...so I really don't know much about the latter, although I'm assuming that the process is similar to commercial mediation. From what you're saying it seems as though it's family mediation you're going for. The mediators I've referred clients to in the past were always solicitors who had become accredited in family mediation.

 

As to the advantages of using a mediator over a solicitor...it depends on how far the dispute has gone. I'm a great believer in trying to resolve conflict as informally as possible. Mediation can offer that, and often non-lawyers such as yourself might be be better able to move away from the legal positions and towards identifying emotional interests. Aiming for amicable resolution shouldn't involve parties entering into agreements where they're seriously prejudicing themselves as a result of ignorance about their legal rights though.

 

I think you, as mediator, need to be able to call the process to a halt and refer the parties for independent advice if you see any likelihood of that happening...which means that even if you aren't actually legally qualified, you need to have a very solid understanding of what might be quite complex legal issues. That said, I'm talking about mediations I've been involved with where the agreement formed at the end (more usually with the parties' lawyers present and directly involved in drawing the agreement up) was binding on both parties.

 

I'm assuming that you've been through training to get accreditation as a mediator? I would be horrified if anybody were to set up as a family mediator without having been fully trained and accredited - though currently there's nothing to stop anybody from setting themselves up in business as a mediator. Where I live, the police do often send people on those training courses...though that's more about having in-house police/mediators to handle disputes within the force. Was that how you became interested in it?

 

The very limited involvement I've had with family mediation has involved referring clients to attend it in respect of sorting out contact orders (and arrangements relating to them). I'd refer them on to somebody who I knew to be an experienced and accredited family mediator. wouldn't refer a client to you for family mediation based on what you've presented so far. That's nothing against you personally, but I would expect family mediation to be carried out

 

a) by somebody with proven knowledge and expertise in that area (ie considerable experience as a family lawyer).

b) in person rather than over the phone or via the internet. The parties needn't be in the same room, but I would expect the mediator to be dealing with them on a face to face basis.

 

On the other hand, what you seem to be suggesting is that people might want you to mediate disputes they hadn't received any legal advice on (ie you say "instead of" rather than along with instructing a solicitor) in which case solicitors referring to other solicitors rather than to you wouldn't be an issue. Maybe there are people here who have attended that sort of mediation and can help you gauge the market better. Social work departments would probably also be able to give you helpful advice as they might be potential sources of referrals....but again, I very much doubt they'd encourage clients to mediate over the telephone or online as opposed to in person. Especially when it comes to dealing with child contact issues.

 

I don't want to sound discouraging, but I would have thought that with your professional background you'd be better off offering a mediation service to the police. Have you considered that, or do you want a clean break from the police?

Edited August 4, 2011 by Taramere