Mediation is a method of resolving disputes that arise when a couple divorces or separates. It becomes necessary when the couple cannot reach an agreement independently or with the assistance of a family law solicitor. Family mediation proves valuable in facilitating agreements regarding child arrangements, such as residence (where the children will live) and contact (when the other parent will see them).
Although divorce mediation is not mandatory, couples who struggle to agree on financial matters during or after divorce or on arrangements for their children may be required to attend a Family Mediation Information and Assessment Meeting. This meeting helps determine whether mediation could be beneficial for them.
What is family mediation?
Family mediation is overseen by a qualified and trained family mediator who has completed a recognised training course and conducted numerous family mediation sessions. These mediators are accustomed to collaborating with family solicitors and receiving referrals from family law firms to assist their clients.
During family mediation, the mediator can provide information about the law but cannot offer legal advice on actions you should take. Any agreement reached during mediation is not legally binding until it has been formalised as an official agreement by a family lawyer.
How does the mediation process work?
Family mediation typically involves a series of meetings where a couple discusses specific issues arising from the end of their relationship. Over the past two years, family mediation has adapted to the impact of COVID-19, with more mediators offering meetings over Zoom or other remote platforms. This increased accessibility benefits separated couples who no longer live close to each other.
Trained family mediators assist couples in resolving financial matters, addressing the family home, and arranging child custody, among other issues. Meetings are confidential, allowing parties to discuss various outcomes without commitment.
Most couples require 2-4 mediation sessions to reach agreements. Given that obtaining a divorce still takes about six months, even with the introduction of no-fault divorce, this timeframe allows sufficient opportunity for financial and child-related matters to be settled before finalising the divorce.
The role of your solicitor in family mediation
Your family solicitor plays a crucial role both before and after mediation sessions to ensure you are well-informed and supported throughout the process.
It’s important for both parties to seek legal advice to understand what constitutes a fair outcome and to address all necessary aspects at the end of a marriage or relationship. Mediators facilitate open communication and mutual understanding between parties, aiming to reach agreements, but they do not provide legal advice.
Solicitors and mediators often collaborate closely, although solicitors typically do not attend mediation sessions. Instead, your solicitor assists by preparing you for mediation and offering legal advice on your position and potential judicial perspectives. This guidance empowers you to advocate effectively during mediation or consider necessary concessions.
When both parties grasp the legal framework, they can leverage family mediation to identify the best outcomes for their family. Parties can consult their lawyers between sessions to ensure all pertinent issues are addressed and that proposed solutions align with legally fair outcomes.
What happens once an agreement is reached in mediation?
If a couple reaches an agreement through mediation, they can return to their respective lawyers to formalise the agreement. This involves preparing a document that can be submitted to court to become legally binding. In cases involving children, it may be necessary to prepare a parenting plan outlining the agreed arrangements for parenting time, responsibilities, and other related matters.
What happens if an agreement isn’t reached?
Mediation is not the sole method to reach agreement in family law disputes. With guidance from a family law solicitor, parties can often negotiate a mutually agreeable solution, whether concerning child care arrangements or divorce settlements. If agreement cannot be reached through negotiation, parties may consider turning to a third party to make a decision, either through arbitration or the court process.
Tips on getting the best out of mediation
Choose Your Mediator Wisely
Many people are unaware that mediation is an unregulated profession, meaning anyone can call themselves a mediator. When seeking mediation for a family law dispute, whether related to finances or children, ensure you select a mediator experienced in these areas with some knowledge of the law. Many mediators are also qualified family law solicitors, like myself, who understand the legal implications of any agreements made in mediation.
Stand Your Ground
Successful mediation requires confidence from both parties to negotiate. If you feel intimidated or overwhelmed by your partner’s tactics, mediation may not be suitable for you. A skilled mediator will recognise these dynamics and may advise that mediation is unsuitable in such cases.
Understand the Mediator’s Role
A mediator acts as an impartial facilitator and does not provide advice to either party. Their role is to listen to both sides, foster a safe environment for discussion, and assist in exploring options so that you can reach your own decisions. Not all mediators are legally trained, so it’s crucial to seek legal advice from a family law solicitor before attending mediation.
Formalise Agreements Reached in Mediation
One of the most critical steps is formalising any agreements made in mediation. An agreement only holds legal weight if it is documented and approved by the court in the form of a consent order. Without this formalisation, either party could potentially make claims against the other in the future.
