Family Law mediation week has raised further awareness of mediation and its benefits. This article provides an insight into the mediation process.
What is family mediation?
This is a voluntary process, where a neutral third-party (mediator) will assist separating couples with trying to reach an agreement relating to issues arising for their separation, including financial and/or child arrangements.
How does family mediation work?
Mediation first begins with a MIAM (Mediation Information and Assessment Meeting), where the mediation will meet with each party (on a 1 to 1 basis) to see if mediation is a suitable means of trying to resolve their dispute.
If mediation is considered suitable, then the mediator will set up further sessions with a view to resolving the dispute, during which disclosure and/or negotiations are expected take place. These sessions can take place jointly (i.e. with both parties in the same room), or the parties may prefer to take part in “shuttle” sessions (i.e. with each party in a separate room, and the mediator acting as a messenger). The latter is often a preferrable option in emotionally charged situations.
What happens after family mediation?
If an agreement is reached, the mediator will provide the parties with a “Memorandum of Understanding” detailing this. Memorandums are not legally binding on their own, but an Order based on its terms can then be drafted by solicitors, signed by both parties and approved by the Court, making the agreement legally binding.
If an agreement cannot be reached at mediation, typically the next stage is for one party to apply to the Court to resolve the dispute.
What are the benefits of family mediation, as opposed to Court proceedings?
Mediation is generally considered to be:-
· a swifter way of resolving a dispute;
· a less hostile and more supportive avenue; and
· a significantly less-expensive option.
It should be noted that it is a Court requirement to provide evidence that the parties have tried to mediate before making a Court application, save for in exceptional circumstances (such us domestic abuse).
How can we help?
Our team of solicitors at E J Coombs can direct you to local mediators.
We can also provide you with legal advice alongside the mediation process and assist with drafting legally binding Orders based on an agreement reached at mediation. In the event mediation is unsuitable or unsuccessful, then we can provide advice on other avenues to resolve your dispute, including assisting with Court applications.
Please do not hesitate to contact us, using the links below, to arrange an initial appointment to discuss your case further.
