January, typically the peak month for couples considering separation, marks the beginning of Family Mediation Week.
At DLS Solicitors, we aim to promote awareness of family mediation as a positive alternative for addressing family disputes.
What is family mediation?
Family mediation involves a neutral, professionally trained mediator, often an experienced family lawyer from our family law department, who assists you and your ex-partner in reaching an agreement. Unlike court proceedings or arbitration, the mediator does not make decisions; instead, their role is to facilitate the active resolution of the relevant issues.
If an agreement is reached through mediation, its terms can be formalised by your family lawyer using a consent order issued by the Family Court.
Mediation is particularly valuable for updating or changing existing arrangements, such as adjusting maintenance levels or modifying children’s arrangements, like holiday schedules or schooling.
It’s important to recognise that mediation may not always be suitable for resolving family law matters, especially in cases involving domestic abuse (including coercive control) or other safeguarding concerns.
The Advantages Of Family Mediation
Mediation offers numerous advantages over court proceedings:
- Reduced Stress and Quicker Resolutions: Mediation is notably less stressful and typically faster than court processes.
- Cost-Effective: It is generally more affordable than formal court proceedings.
- Flexibility: Mediators tailor the process to your specific needs. For instance, you and your ex-partner can be in separate rooms during mediation (known as ‘shuttle mediation’).
- Empowerment and Collaboration: You maintain more control over your family’s future, prioritising your children’s well-being.
- £500 Mediation Voucher Scheme: The Ministry of Justice often offers a £500 contribution towards mediation costs with participating mediators.
- Privacy: Unlike court proceedings, which are increasingly transparent, mediation remains entirely private and confidential.
Why Family Mediation Can Be The Preferred Choice
In family mediation, you maintain control over the process. No solution is imposed without your agreement. Mediators specialise in crafting tailored solutions that often better fit your needs compared to court-ordered outcomes. They have successfully assisted numerous separating families in reaching amicable financial arrangements and establishing cooperative co-parenting arrangements.
For parents, mediation offers an excellent opportunity to create a collaborative environment for making arrangements for their children.
It allows the necessary breathing space and time to carefully consider what is in their children’s best interests. Importantly, engaging in mediation does not mean forgoing legal advice; in fact, lawyers are often consulted when parties intend to address divorce and separation issues through mediation. Regardless of the circumstances, seeking specialised legal advice from your own lawyer early on is always advisable.
When To Consider Family Mediation
Family mediation remains a viable option for resolving matters, even if you have been separated for some time or if your case has progressed to court.
Except in certain circumstances, such as cases of urgency or domestic abuse, receiving information from a mediator about mediation is also a crucial initial step before starting most types of family court proceedings. This involves attending a Mediation Information and Assessment Meeting (MIAM) with a mediator to evaluate the suitability of mediation for your case. MIAMs are now often available remotely.
Upcoming changes to proceedings, set to take effect in April 2024, will empower judges to request that parties provide details to the court about efforts made to resolve proceedings outside of the court process. It is anticipated that the importance and utilisation of mediation will consequently increase significantly.
Transparency
One notable advantage of mediation is its confidentiality. Choosing mediation ensures that your family matters stay private, protecting you from potential media exposure that can occur in court proceedings.
The ongoing emphasis on transparency in family courts, including initiatives like the Transparency Reporting Pilot, highlights the importance of openness while also preserving privacy for vulnerable parties. This evolving legal landscape underscores the value of mediation as a confidential and respectful method for resolving family disputes.
Conclusion
Family mediation offers a chance for understanding and collaboration during the challenges of separation. It upholds dignity and privacy, empowering families to construct their future harmoniously. As we commemorate Family Mediation Week, let’s embrace this approach not as a final option but as an initial step towards healing and mutual respect.
