The breakdown of any relationship is difficult even when both parties agree that it is better for them to go their separate ways.
There are conversations that need to be had, arrangements that need to be made and the situation can feel quite overwhelming.
Communication is key, and yet at a time when it is crucial for the parties to talk openly to one another, it is often the case that a divorce or separation can prove the most difficult time for them openly to discuss their issues and it can be hugely difficult for agreement to be reached.
Family mediation may help. If you are separating or divorcing, family mediation may help you resolve a dispute without huge legal fees or a lengthy court battle.
In this blog, our experienced Family Law Solicitors consider the benefits of family mediation and answer some frequently asked questions.
What is family mediation?
Family mediation is a form of alternative dispute resolution (ADR) that helps families work out their issues without having to go to court.
Separating couples sit down – either separately or together – with a neutral, professionally trained, independent third-party (a mediator) to help them reach agreement on the various arrangements that need to be made following the breakdown of their relationship.
What does a family mediation session involve?
The first family mediation session is known as a MIAM (Mediation Information and Assessment Meeting). A specially qualified family mediator will meet with the couple to consider their suitability for mediation and whether their issues can be resolved without going to court.
Most couples choose to have separate MIAMs, although some couples opt to attend together.
A MIAM is usually compulsory before issuing an application to the family court, although not in certain circumstances, eg. if there has been domestic abuse or there are child protection concerns.
The MIAM will last for about an hour and it is an opportunity for each party to tell the mediator about their situation and explain the issues that need to be decided. In return, the mediator will explain what the mediation process involves and go over the alternative options available.
If both parties decide to proceed, the mediator will put a plan in place for subsequent family mediation sessions.
What issues can be discussed at family mediation?
Family mediation is tailored to each couple’s needs and the discussions will focus on their particular requirements.
Family mediation for separating couples most commonly helps with arrangements for:
- Children. Mediation can help couples agree on arrangements for their children such as where the children will live, how often each parent will see them, when and what forms of contact will take place, and what will happen during school holidays and on special occasions such as birthdays, Mother’s Day, Father’s Day and Christmas.
- Finances. Money is often one of the most difficult subjects to broach with an ex-partner. An experienced family mediator will help separating couples agree on ‘who gets what’ and try to reach an agreement which both parties consider to be ‘fair’.
- Child maintenance. A mediator will explain how child maintenance payments work.
- Personal possessions. Decisions about pets, personal effects and household goods can be made with a mediator’s help.
- Debts. Mediation can help couples agree on liability for any debts.
What are the benefits of mediation for family law disputes?
Family mediation is an extremely effective way of resolving family disputes and offers various benefits over litigation. Some of the main advantages of family mediation include:
- Cost. Mediation is one of the most cost-effective ways for separating couples to reach agreement. Although the parties should still take legal advice from an experienced family solicitor, any legal fees will be substantially lower than if the couple resorts to the courts.
- Speed. Mediation is much faster than the litigation process. In general, it takes couples between three to five mediation sessions to reach agreement on the arrangements whilst it can take up to two years for a case to be heard by a court.
- Reduces conflict. Mediation focuses on a collaborative approach to dispute resolution by encouraging the parties to work together.
- Less stressful. Fighting an ex-partner in court is traumatic and emotional. A family mediator will ensure that the lines of communication remain open and facilitate discussion to help the parties reach an agreement that is acceptable to everyone.
- Control. Couples are responsible for reaching an agreement themselves in family mediation, which generally results in a better outcome.
Who can use family mediation?
Anyone can use family mediation to resolve a family law dispute. Family mediation is most commonly used by partners and spouses who are separating and need to reach agreement on arrangements for children, property and financial issues that arise out of the break-up.
However, family mediation is open to anyone that needs support in resolving a family dispute, including cohabiting couples, grandparents and other extended family.
Family Law Solicitors Blackheath
Our specialist family lawyers at Beverley Morris & Co. can advise on all family matters including divorce, children and financial disputes.
We provide legal advice across a broad spectrum of family law issues, helping individuals and couples to resolve disputes.
Our areas of expertise include but are not limited to:
- Divorce, separation and dissolution of civil partnerships.
- Pre-marital and pre-civil partnership agreements.
- Post-marital and post-civil partnership agreements.
- Financial arrangements following relationship breakdown.
- Arrangements for children including adoption, contact, residence and leave to remove from the jurisdiction.
We understand the sensitivity of family law matters and offer a personal and practical approach. Our experienced family law solicitors will ensure that you are provided with caring, confidential advice, tailored to your unique legal matter.
For more information, or to speak to one of the team, call 020 8852 4433 or email enquiries@beverleymorris.co.uk.
Alternatively, click here to arrange a call back.
