Couples going through a divorce or separation often find the thought of resolving practical matters such as finances, property and childcare arrangements particularly scary and off-putting. That is why family mediation can provide a constructive way forward to avoid the stress and expense of going to court. In this blog, our family law team answer a few frequently asked questions about the process of mediation and how it can help couples reach agreement in a way that works for everyone involved.
What is Family Mediation?
Family mediation is a form of alternative dispute resolution (ADR) in which separating couples meet with an independent, neutral third party (known as a mediator) to discuss their disagreements and work towards a mutually acceptable solution.
Mediation is a more collaborative approach than court which is adversarial. A mediator will not make decisions for you or take sides, but instead they will create a safe space for you and your other half to have an open discussion. They will keep the conversation focused and balanced and they will help guide you both towards a practical agreement that will benefit not only you but the entire family, especially where children are involved.
What Can Mediation Be Used For?
Mediation in family law disputes can be used to resolve issues such as:
- arrangements for the children, including where they will live and how much time they will spend with each parent
- the division of property and assets
- financial arrangements including financial support for one party by the other
- any other matters arising from the separation.
Why Is Mediation Chosen Over Going to Court?
There are several reasons why couples should consider attempting mediation or another form of ADR before thinking about going to court. The advantages of family mediation include:-
- It is more affordable: Mediation is typically more cost-effective since legal costs can quickly escalate when a dispute goes to court.
- It is less stressful: Going to court can be distressing for everyone involved as well as emotionally draining. Mediation sessions are conducted in a calm, private setting where both parties can speak openly.
- You remain in control: If you go to court, the judge will make decisions for you based on legal guidelines whereas a mediation process will allow you and your partner to retain more control over the outcome, creating an agreement that properly takes account of your family’s specific needs and circumstances.
- It can produce a better result for a co-parenting situation: For separating parents, you will likely need to maintain some form of relationship with your ex-partner for many years to come. Mediation fosters respectful communication and cooperation, laying the groundwork for a better co-parenting relationship in the future.
In most cases, people who use mediation sessions to resolve their disagreements are more likely to reach an agreement sooner, with less conflict and at a lower cost than those who instruct their solicitor to go to court.
How Do You Start the Process of Family Mediation?
As mentioned above, the family mediation process typically starts with an initial meeting known as a Mediation Information and Assessment Meeting (MIAM). During this session, the mediator will explain how mediation works, assess whether it is suitable for your situation and answer any questions you may have.
NB It is important to remember that in situations where it is safe to take place (ie. in cases where domestic abuse is not alleged nor has it been a feature of the relationship), a Mediation Information and Assessment Meeting (MIAM) is usually required before the parties can go to a family court.
If you both decide to proceed with mediation, you will attend a series of mediation sessions together. The number of sessions varies according to the complexity of your situation and how easily you can reach agreement.
Where there are children involved, most mediators will offer a service whereby the child or children can be included in the mediation. Many mediators will also offer the option to attend sessions online. Mediation is free for people who qualify for legal aid. You can check your eligibility by visiting gov.uk – check legal aid.
If you and your ex-partner come to an agreement, the mediator will prepare a document outlining what you have decided. This isn’t legally binding on its own but you can ask your solicitor about turning it into a legally enforceable court order, if needed.
Attending mediation and even coming to an agreement during mediation sessions does not preclude you from going to court later on if that should become necessary.
Read our previous article: Tips for Effective Mediation.
Do I Need a Solicitor During Mediation?
You will not need a solicitor to attend mediation sessions. However, you may find it helpful to obtain independent legal advice alongside the mediation process.
A family law solicitor can:
- explain your legal rights and entitlements before you begin mediation
- review any proposed agreement to ensure it is fair and protects your interests
- help turn a mediated agreement into a legally binding court order
- provide valuable support and guidance throughout the process.
Having a solicitor to lean on throughout the process means that you can approach mediation feeling confident and informed about the process whilst still maintaining the collaborative spirit that makes mediation effective.
Family Law Solicitors in Blackheath
At Beverley Morris & Co., we understand that separation is one of life’s most stressful experiences. Whether you’re considering mediation or you need advice on other options for resolving a dispute, our experienced family law team is here to guide you through the process.
We can advise you as to whether mediation is suitable for your circumstances, provide you with independent legal advice throughout the mediation process and help you reach a fair arrangement that values your wellbeing and respects your needs.
Our Head of Family Law is Saba Ansari, a highly experienced Family Law Solicitor who has received many five star reviews from her clients. She specialises in all aspects of matrimonial matters including divorce, financial remedies, private law children cases, domestic abuse, unmarried couples and all types of family law agreements. She is extremely knowledgeable and robust but at the same time she is caring and sympathetic, fully understanding the challenges that face her clients upon a relationship breakdown. Saba offers clear advice and total transparency as regards the costs involved in the legal process.
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.
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