What is family mediation?
What is mediation and
how does it work?
Mediation is actively
encouraged by the courts and is a voluntary, non-confrontational process for
resolving family disputes. Almost all family disputes can be resolved in
mediation including, but not limited to, disputes concerning divorce and
separation, financial claims on divorce and issues concerning children.
Mediation usually
consists of a number of meetings with one neutral mediator and couples meet
together with the mediator to discuss the issues between them. The mediation
sessions offer a safe and confidential environment for couples and family
members to talk openly, clarify issues and explore options. Any agreement that
is reached can be made into a legally binding agreement.
What are the benefits
of mediation?
Mediation can take place at any stage of the
proceedings, although it is often better to begin mediating as early as possible
Flexible outcomes that are tailored to a
couple’s particular needs
Mediation is safe and confidential from the
court process, encouraging discussions and negotiations that would not
otherwise be possible
The time and timing of mediation sessions are
within a couple’s control, unlike the strict court timetable that would
otherwise be imposed
Mediation avoids the stress and threat of court
proceedings
Mediation is considerably cheaper than any legal
process
Is mediation suitable
for everyone?
Mediation is not suitable
for every couple. In order for mediation to be successful, both parties must be
prepared to resolve issues by agreement and outside of the court process. This
will require a degree of commitment and willingness to compromise.
Mediation will usually
take place with the couple and mediators in the same room. However, if this is
not possible (e.g. if communication has broken down to such an extent or where
there is a power imbalance), the mediator can move between different rooms to
ensure that the couple have little or no contact.
If you would like further
information in relation to anything discusses in this post, or any aspect of
family law, contact Katy-Louise Allen on 01892 506 305 or at
katy-louise.allen@cripps.co.uk