January, traditionally the peak month for couples contemplating separation, ushers in Family Mediation Week.
Here at Slater Heelis, we’d like to raise awareness of family mediation as a constructive alternative for resolving family disputes.
Understanding Family Mediation Week
Family Mediation Week helps promote family mediation and its benefits for families going through separation. It’s also an opportunity for us at Slater Heelis to inform and encourage separating couples to consider family mediation as a more cost-effective way of resolving key issues relating to children and financial matters.
What is Family Mediation?
Family mediation is a process where a neutral, professionally trained mediator who will often also be an experienced family lawyer (like those in our family law department) assists in helping you and your ex to reach an agreement. Unlike court proceedings (or arbitration), a mediator does not decide the outcome – instead, their role is to facilitate you and your ex actively resolving the relevant issues.
Where an agreement is reached, its terms can then be formalised via your family lawyer by means of a consent order made in the Family Court.
Crucially, mediation is also beneficial where previous arrangements need to be changed or updated, such as (for example) the level of maintenance between you and your ex, or the arrangements concerning your children – e.g. specific holiday arrangements, or which school they attend.
It is important to understand that mediation will not always be an appropriate means of resolving a family law issue. This is particularly the case where one of the parties has experienced domestic abuse (including coercive control) perpetrated by the other, or where there may be other safeguarding issues.
The Advantages of Family Mediation
- Less Stress, More Speed: Mediation is markedly less stressful and takes significantly less time than court proceedings.
- Cost-Effective: It is generally more affordable than formal court proceedings.
- Flexibility: Mediators adapt to your unique circumstances. For example, you and your ex can be in different rooms during the mediation process (known as ‘shuttle mediation’)
- Control and Cooperation: You retain more control over your family’s future, prioritising your children’s interests.
- £500 Mediation Voucher Scheme: In many cases, the Ministry of Justice will provide £500 towards the cost of the mediation (with participating mediators).
- Privacy: Unlike court proceedings (where there is an increased push for transparency) mediation is entirely private and confidential.
“As a Partner specialising in children matters I have seen first-hand how effective early mediation involvement can be, it essentially allows the parties to discuss matters openly with the knowledge that it is entirely without prejudice and that they are not going to be prejudiced by engaging in this process. The courts are also focussed on encouraging parties to deal with matters without unnecessary court involvement”
Kaleel Anwar – Partner in Family, Slater Heelis.
Why family mediation can be the preferred choice
In family mediation, you remain in the driver’s seat. Again, no solution is imposed against your wishes. Mediators specialise in providing solutions that are typically more tailored than the outcomes that may be ordered by a judge in court proceedings and have successfully helped countless separating families achieve amicable financial arrangements and forge cooperative parenting paths.
“As a family mediator at Slater Heelis, I have observed how mediation can help separating families avoid the costs of court proceedings and avoid the entrenched positions and emotional fallout those proceedings often produce.
During Family Mediation Week, my colleagues and I would emphasise that mediation is more than a process – it’s a pathway to both you and your ex feeling heard, respected, and involved in arrangements concerning your children and finances.”
Kim Aucott – Consultant Solicitor and Mediator in Family, Slater Heelis.
For parents, mediation can be a great way of establishing a collaborative space for resolving arrangements for their children.
It provides the breathing room and time needed to consider what is in their best interests. Significantly, mediation does not mean being without your own legal advice, and lawyers are often instructed where parties are planning to resolve divorce and separation issues via mediation (in fact, regardless of the situation, it is always best to seek specialist legal advice from your own lawyer as early as possible).
When To Consider Family Mediation
Family mediation can be a viable way of resolving matters even if you’ve been separated for a while or if your case has progressed to court.
Save in certain circumstances (including urgency or domestic abuse) receiving information from a mediator about mediation is ‘ also an essential first step in starting most kinds of Family Court proceedings. This process involves attending a Mediation Information and Assessment Meeting (MIAM) with a mediator to assess the suitability of mediation for your case. MIAMs are now often available on a remote basis.
Key changes to proceedings (due to take effect in April 2024) will allow judges to request parties provide the court with details of what they have done to try to resolve proceedings outside of the court process, and it is expected that the importance and take-up of mediation will accordingly become even greater.
The Expansion of the Transparency Scheme
One significant benefit of mediation is its confidentiality. Opting for mediation means your family matters remain private, shielding you from potential media exposure in court proceedings.
The ongoing push for transparency in family courts, notably with the Transparency Reporting Pilot, emphasises the need for openness while maintaining privacy for vulnerable parties. This evolving landscape underscores the advantage of mediation as a private, dignified avenue for resolving familial disputes.
Conclusion
Family mediation represents an opportunity for understanding and collaboration amidst separation challenges. It preserves dignity and privacy – and empowers families to craft their future harmoniously. As we observe Family Mediation Week, let’s embrace this path not as a last resort but as a first step towards healing and mutual l respect.
If you’d like to get in touch with one of our experts about how we can support you with the specialist mediation services we offer, fill out our contact form or give us a call on 0330 111 3131.