Mediation is an option open to families who are experiencing issues that they cannot agree on, whether it be a couple sorting out the finances arising from their separation, or parents trying to reach an agreement about the contact arrangements for their children.
When considering financial or children cases, the court is now putting an onus on couples coming to an agreement without the need for making an application to the court. This includes the Judge having the power to delay proceedings for couples to try a form of out of court resolution, or even making cost penalties against a party who isn’t prepared to engage. As a result, different out of court resolution options are available to help separating families reach an agreement, with mediation being one of these options.
When can mediation be used?
Mediation can be useful for all types of family disputes. Mediators are trained professionals who will be able to provide an open and calm setting to discuss matters between parties for an agreement to be reached. Mediators can be a helpful third-party who can help guide the conversation and ensure both parties remain focussed on the issues at hand and are dealing with matters in a constructive way.
Mediators are able to offer lots of different options tailored around your needs – whether this be in-person or remote appointments, as well as child inclusive mediation that will allow the children to be involved in the conversation and have their feelings heard. You may also wish to consider shuttle mediation (whereby each party is in a separate room and the mediator moves between them so that neither have to have direct contact with the other), and hybrid mediation where you can attend with your legal representatives for them to give legal advice alongside discussions.
Mediation can be used at any time, whether this is before court proceedings are issued, or whilst your matter is proceedings through the court. You will be expected by the court to engage in out of court resolution services to try and reach an agreement, and mediation is an excellent option as it allows you to keep an eye on costs and reach an agreement much quicker than through court proceedings. It is a significantly cheaper option that attending court hearings and can provide you with an outcome to your financial or children matter much quicker.
However, please note that if there have been issues of domestic abuse during the relationship, or if you are currently at risk of experiencing domestic abuse from your ex-partner, mediation may not be appropriate for you. A mediator would always complete an initial interview with each party separately to establish any issues that need to be resolved, and whether this s appropriate for mediation. You will not be expected to attend mediation if you are at risk or have experienced domestic abuse from your partner.
If you would like to explore mediation as an option for coming to an agreement in relation to your family law matter, please contact our Family team at 01243 831000 or by email to Alice.Leadbeatter@georgeide.co.uk or Kirsten.Lockwood@georgeide.co.uk.
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