Why is mediation important in family law matters?
January usually sees a surge in the number of people deciding to separate or divorce, as many emerge from the festive period feeling overwhelmed by pressures that have been highlighted during the holidays.
This week is Family Mediation Week, a campaign run by the Family Mediation Council and supported by Resolution. Family Mediation Week sees a number of online events for the public, with the aim of promoting mediation as a method for couples to resolve disputes arising out of a breakdown in their relationship.
Sir Andrew McFarlane, President of the Family Division, has stressed that proceedings in the family court should be considered a last resort for families and that out-of-court dispute resolution methods such as mediation, can enable couples to ‘separate smarter’.
What is family mediation?
Whilst mediation has traditionally always been something the majority of family lawyers consider and advocate to their clients, greater emphasis is now being placed on family mediation due to the significant costs and delays in pursuing matters through the court.
Family mediation is a flexible process designed to help people who are separating/divorcing to reach an agreement on any issues which are important to them, such as their finances and their children. During mediation, parties meet with a mutually selected, professionally trained and independent individual who facilitates discussions to help reach an agreement. The interests of any children are placed at the heart of all discussions.
Unlike the court process, mediation is controlled by both parties, who can express their opinions, desires and fears.
Benefits of mediation in family law matters
1 – Flexibility and control
Mediation can offer a flexible bespoke service that can be adapted to suit the needs of the parties. Mediation sessions can take place in person or remotely and at times that suit everyone. Also, the agenda in the mediation sessions is controlled by the parties, with some guidance from the mediator.
The sense of control that parties can feel as a result of the above is especially important as significant life changes, such as getting a divorce, can understandably feel stressful and overwhelming.
2 – Agreements reached in mediation tend to be more readily adhered to
In mediation, both parties can work around what is best for their family which in turn helps to preserve a better relationship between them, as they know that they have worked together to achieve a solution. As a result, agreements reached in mediation are more likely to work than those agreements that are imposed by a judge.
3 – Coming to an agreement in mediation can reduce conflict and send a positive message to any children of the family
As above, mediation can help preserve a good relationship between the parties, as they can work around what is best for their family, focusing on addressing issues that they face both now and in the future, rather than looking backwards. Where children are involved, the preservation of good relationships is crucial. Telling your children that you are working together to agree matters sends a positive message.
4 – Speed
Generally, matters are resolved more quickly in mediation, as negotiations can deal with a number of issues within a short timescale. Indeed, the majority of mediations are resolved within three to six months, compared to a court process which may take as long as 18 months to two years to conclude.
5 – Cost
Mediation is often one of the most cost-effective methods of dispute resolution. If an early agreement is reached, legal costs are limited, as solicitors will only be needed to formalise the terms of any agreements.
6 – Less stressful
Mediation is often less stressful for the parties than other methods of dispute resolution. Part of the mediator’s role is to help both parties feel comfortable throughout the process so that they can focus on the issues to be addressed. A swift, clear resolution to a dispute can enable parties to move on without the stress of a future trial date hanging over them.
Why should you consider mediation in family law matters?
Mediation has a very high rate of success, enabling parties to agree on important issues and put arrangements in place that are tailor-made to the parties’ own circumstances.
Find out more
If you would like to know more about how mediation might be able to assist you, please contact Lennons’ specialist family law team.
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