Family Mediation Week is taking place this week between 22nd – 26th January 2024 and we thought it was the perfect prompt to explain how mediation can assist you in your family dispute.
What is family mediation?
Family mediation is a process in which a separating couple agree to appoint an independent and impartial third party (“the mediator”), to help them to reach an agreement on specific issues such as the division of assets upon divorce or arrangements for their children.
The mediation process is confidential and encourages parties to be forthcoming in their views to see if they can reach an agreement without the need for Court proceedings.
The mediator does not make a determination of any issues in dispute or impose a settlement on the parties, nor do they offer legal advice to the parties. The mediator will control the process and listen to the parties, providing an insight and acting as a “go-between” to clarify points and find common ground.
Why use mediation?
Mediation is usually cheaper and less time consuming than going to Court. The process is less confrontational than going to Court and often helps to preserve personal relationships which the Court process can damage.
Do I have to mediate?
The Court process should be the very last resort and parties are encouraged and expected to mediate (unless you are exempt) before an application to the Court can be made. The Court at the very least expects parties to attend a Mediation Information and Assessment Meeting before issuing an application at Court. Some situations are not suitable for mediation such as in urgent cases or where domestic abuse is a factor. If mediation is deemed unsuitable or does not work, the mediator will sign a form so that you can make your application to the Court.
How does mediation take place?
Mediation can take place remotely by video (through Zoom or Teams) or the traditional face to face. In addition, if you do not wish to see the other party, some providers offer separate space or shuttle mediation, where the mediator communicates with the parties individually and relays information.
Can the child(ren) be involved?
Some mediation providers offer child inclusive mediation where the mediator is on hand to meet with the child so that the voice of the child can be heard and considered by the parties in the mediation process. This will only take place if both parents, the mediator and the child agree.
Do I have to pay for mediation?
Legal Aid is still available for mediation and so if you financially qualify you will not have to pay. If you do not financially qualify, you will have to pay, however, the cost is often less than going to Court. If only one party qualifies for legal aid, potentially the whole mediation process can still be free of charge for both clients. There is also a mediation voucher scheme available to all paying clients if children disputes need to be discussed.
How can we help?
We can help to refer your case to a suitably qualified mediator and discuss with you the mediation process in more detail.
Whilst mediators are there to assist you in reaching an agreement, they should not offer legal advice and so it is important that if during the mediation process you are unsure of your legal rights, that you speak to a solicitor.
If you and your partner do reach an agreement in mediation, we can help you to formalise that agreement in a Consent Order or Separation Agreement if you are divorcing or separating or if you have reached an agreement in respect of child arrangements, we can discuss with you whether that agreement can be formalised in a Child Arrangements Order.
Call 0800 118 1500 or email info@talbotslaw.co.uk to discuss your situation with our specialist Family Law team.