Family Mediation
What is it?
Family Mediation is a form of non-court dispute resolution. In other words, it is a method by which you can resolve matters outside of Court without the expense, stress and delay.
There are typically three forms of non-court dispute resolution for family law which are;
1) Mediation
2) Collaborative Law
3) Arbitration
Mediation is a process by which an independent and impartial family mediator assists separated couples or potentially separated couples reach agreements with regards to finances and/or children matters. It should be noted that many clients confuse and misunderstand Family Mediation to be a means of couple counselling, or that it is a process of reconciliation. Family Mediation is designed for separated couples to assist them in resolving outstanding issues with the assistance of a third party who is independent and impartial whose aim is to reach agreements on the outstanding issues.
Collaborative Law is a process which involves each side instructing a collaborative lawyer to act on their behalf respectively and the entering into of a collaborative lawyer participation agreement. Essentially, each side and their lawyers will meet to have frank, round-the-table discussions regarding the outstanding issues with a view to reach an agreement and thus avoiding the Court process. If an agreement cannot be reached, and court proceedings are commenced, then the parties would instruct new lawyers to continue their case.
Arbitration is a formal dispute resolution process whereby the parties appoint a suitably qualified arbitrator to adjudicate their dispute and make an award.
It should be noted that the above forms of non-court dispute resolution are commonly used for non-family disputes as well.
Why should I try family mediation?
Firstly, it has now become a pre-requisite to attend a MIAM before lodging an application at Court unless one of several exemptions apply.
MIAM stands for Mediation Information and Assessment Meeting. The purpose being that the Court now wish to ensure matters that are capable of being dealt with via mediation, or via a non-court dispute resolution process, are at least attempted given that court proceedings should be the last resort to resolving issues. The MIAM is undertaken by a mediator contacted by one of the parties and their job is to assess whether the case is suitable for mediation or not. If the case is suitable then mediation sessions can commence, provided the other party agrees to engage in the process.
As mentioned, there are a number of exemptions that apply to the requirement to attend a MIAM. Please contact us for further advice on this.
Secondly, it a very cost-effective way in which to resolve issues especially if parties are not able to resolve matters with direct discussions due to existing tensions and hostilities towards one another.
Further advantages include being able to pace the progress of mediation so matters can be dealt with very quickly over a few sessions or may take longer over a number of sessions spread out over a longer period of time.
It is much cheaper than going to Court given that usually each side splits the mediator’s hourly rate between them. The sessions are usually charged. The mediation service will be able to discuss their charges with the parties directly. During a court process, high fees are likely to be incurred if you wish to have the benefit of legal representation throughout. For many, legal fees can run into thousands of pounds, potentially.
Whilst engaging with the mediation process, you are also able to continue to seek advice from your lawyer throughout the process as well, providing that extra layer of security and reassurance, if required.
If you want to minimise conflict, and are able to discuss and look at solutions with your ex-partner, in a constructive and sensible manner, family mediation is usually the best approach to resolve any outstanding issues. If court proceedings are commenced, it is likely stress, expense and potentially delay could be incurred before a final resolution is reached. The final resolution also may not be a decision both of you are happy with but one that is imposed on you by the Court in the absence of an agreement between you both.
It should be noted that Family Mediation only works if both sides are willing to engage in the mediation. If it is too uncomfortable for one of you to engage, then ‘shuttle mediation’ is offered by many mediation services whereby you sit in separate rooms and the mediator goes between you both. Otherwise, all sessions would involve you meeting with your ex-partner, face to face in the presence of the mediator.
If you have any queries about Family Mediation including who you should contact, please do not hesitate to contact us on 07538 744144 or via email at info@boselegal.co.uk.