Family Mediation Week – a focus on constructive resolution

This week is Family Mediation Week. It’s an annual campaign that aims to raise awareness of the benefits of mediation for families that are going through a separation.

This spotlight on mediation remains important, as there are still many misconceptions about the process of resolving family issues outside the court system. Family mediation is sometimes confused with marriage counselling and, despite its success rates, mediation is still avoided by some who believe they need a judge to resolve their issues.

Jennifer Peebles dispels some of the myths and explains why family mediation can be a better way of helping families separate and move on:

Mediation isn’t compulsory

Proposals a few years ago to make mediation mandatory in suitable ‘low-level’ family court cases, excluding those involving domestic violence, did not come to fruition. Family mediation remains a voluntary process and neither party can be forced into it (which means those that do attempt mediation are to some extent invested in making it work). However, mediation must usually be considered - and in some cases a Mediation and Information and Assessment Meeting must happen - before the parties can begin divorce proceedings in the family court.

Not all separations or divorces can be mediated

Aside from the potential for one half of a couple to refuse to mediate, some other factors need to be taken into account when deciding between mediation and the court process. Mediation may not be suitable in cases involving allegations or a history of domestic abuse. Nor is it usually the right course of action where the relationship between the two parties has deteriorated to the extent that they simply cannot communicate, or where urgent decisions need to be made.

All aspects of separation and divorce can be dealt with via mediation

Just as a court would consider all practical and financial matters, mediation can help put the terms of separation, and arrangements for the future, in place. How assets will be divided; how debts will be settled; where children will live, how contact with children will be shared; child maintenance payment calculations. These are all things (among others) that will be worked out during a mediation.

Mediators don’t impose outcomes

A mediator is an independent third party; often a family lawyer. They don’t take sides or give legal advice. Instead, they help the parties work towards reaching agreement on the issues that need to be resolved.

 Mediation is a great alternative to court

Where mediation is an option, couples that take that route may leave it feeling satisfied that they have been in charge of the decisions affecting their future. Mediation can be less stressful than court, as it’s a more informal process and its focus on collaboration can reduce conflict (and even improve the relationship) between those involved. Mediation also tends to be quicker and less expensive than the court process.

If you and your partner are separating, contact us for advice on resolving the issues between you on family@bsandi.co.uk or call us on 01264 353411.