Mediation Works
We have included a number of ADR scheme profiles on this site. These are examples of ADR provision that offer an interesting and potentially useful model; they are usually only available in a limited geographical area, not nationwide, though some are being evaluated for potential expansion.
This page describes Mediation Works.
Further information is given below on:
Background
Types of dispute
Cost
How it works
Timescale
Outcomes
Background
Mediation Works was established in 1989 in Shropshire by the Children’s Society as a service offering mediation to divorced and separating couples. Today Mediation Works is a not-for-profit social enterprise with charitable aims and objectives, managed co-operatively by staff and representatives of the wider community who act as independent trustees. Like many community mediation services, it offers mediation in a number of different contexts, including:
- family mediation
- neighbour disputes
- special educational needs
- disability discrimination
Services are offered in the Midlands, Yorkshire and Humberside, Merseyside, the North East and Cheshire. Mediation Works also runs the national Equalities Mediation Service (formerly the Disability Conciliation Service) which is funded by the Equalities and Human Rights Commission.
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Types of dispute
The family mediation service is used by couples who are separating and divorcing, and who need to make decisions about the future of their children, or in relation to property and finance. Grandparents and other family members can also use mediation to reach agreements about contact arrangements.
The family group conferencing service gets involved where there are concerns about the welfare of a child or children. The service arranges a meeting with the child and with key family and community members; any professionals involved, such as social workers, also come along to the first part of the meeting to share information. The aim of the meeting is to bring together the knowledge and expertise of agencies, family and community to make a plan to protect and support the child.
The community mediation service deals with disputes between neighbours over issues such as noise, nuisance or anti-social behaviour. It also offers mediation in families where a relationship breakdown means that someone is at risk of homelessness. The service was set up by local statutory housing providers, and is funded by central government.
The special educational needs mediation service provides an independent resolution service for parents, schools and the Local Education Authority (LEA) in disputes about the provision made for children with special educational needs. It is funded by Local Eduation Authorities.
The Equalities Mediation Service is offered throughout England, Wales, Scotland and Northern Ireland. It provides mediation in disputes about discrimination involving goods and services (including public services) and education. Historically it dealt only with disability discrimination under the Disability Discrimination Act, but since April 2009 it has been expanded to cover other areas of discrimination prohibited by law - gender, age, race and ethnicity, religion and belief, and sexual orientation as well as disability. Cases are referred by the Equalities and Human Rights Commission, and appointments take place in local, accessible venues. There is a profile of the Equalities Mediation Service on the ADRnow site.
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Cost
As with all family mediation services, there are fees for family mediation. However, all initial meetings are free, so that parties have an opportunity to meet with a mediator to discuss whether mediation might be helpful for them. There is no charge for people who are eligible for Legal Aid, and there are discounts for those on low incomes. All the other services are free to the users, as they are projects funded by organisations such as local authorities or the EHRC.
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How it works
Getting access to the service is fairly easy. For most types of mediation, anyone interested in the possibility of trying mediation can contact the service directly to ask for an initial meeting. This means that either the parties involved in the dispute, or any agency or adviser involved in helping them, can ask for mediation. However, family group conferencing requests can only come from social workers, and requests for mediation in cases where there is a risk of homelessness come from the housing agencies concerned. Referrals to the Equalities Mediation Service have to come through the EHRC or via a third-party referring advice agency or law centre.
In most cases, once an initial request has been made by one of the parties, a mediator from the service will get in touch with everyone involved to tell them about mediation and to discuss whether they would like to take part.
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Timescale
One of the advantages of mediation is that it can usually take place very promptly, without a long and stressful wait. For example, family group conferences usually take place within twenty working days of the referral. When a request is made for SEN mediation, the parties are usually contacted and the case allocated to a mediator within five working days. Most types of community, discrimination and SEN mediation are dealt with in a single mediation session, but family mediation can take anything from one to six sessions, depending on how many issues need to be discussed and resolved. The timing of the sessions is very flexible, depending on the needs of the people involved.
Outcomes
Mediation has a good track record in resolving disputes and helping to improve relationships between separated parents, neighbours or schools and families. In Mediation Works, about 75% of all family mediation cases reach agreement on some or all of the issues in dispute, together with a significant improvement in the way that the people involved communicate with each other. Over 90% of the SEN mediations reach full agreement, with all issues resolved, and a number of cases are resolved before mediation takes place as a result of the mediator’s early discussions with the people involved.
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April 2010
