Call the mediator
The BBC recently screened a
fly-on-the-wall-documentary
following families in mediation
with National Family
Mediation, a service which
offers mediation to families
in dispute and break-up
across the country. This
offered a glimpse at the
service available for when
relationships end and run
into difficulty. Each episode
offered an insight into
sessions between couples
facing various decisions
about their futures apart, and
ended with a summary of how
matters progressed after their
mediation sessions ended.
Family Mediation is based upon
supporting families to consider all
of their options, and make the best
choices to be able to move forward from
relationship breakdown. That may be to
move forward as parents to children, and
also to move forward as former spouses,
cohabitants or civil partners. It is a legal
process, and the guiding principle is
to allow parties to make decisions for
themselves, rather than to end up with a
costly legal battle and a judge’s decision
imposed on the family.
There has been a mixed reaction to the
show, with some focussed on the lack
of progress that some of the individuals
involved made. There were a few
success stories, and some have seen
this as a preferable option to court, as
the parties have reached settlement
within a few sessions over 2-4 months.
For parties who have endured the court
procedure to resolve family disputes,
they may acknowledge that with the
benefit of hindsight, having a say in
the outcome of their matter and being
supported in a mediation process to
ensure that all parties are on an equal
footing, may have given them a more
positive experience of dispute resolution.
Adversarial court proceedings are
amongst some of the most costly
experiences to people during their lives,
on both a financial and emotional basis.
It is also important to bear in mind
that different professionals will have
a different approach and method of
practicing. It is vitally important to parties
considering using dispute resolution
to shop around and find a professional
who you believe is equipped to take you
through the process. As lawyers, we
sometimes find ourselves able to provide
more information than perhaps either
party realised they might need. Other
main advantages include:
• Flexibility of the process
Mediation is entirely flexible in terms of
the duration and frequency of meetings,
whether these are joint or sole, whether
you each have lawyers involved in
the process, and the issues which are
discussed.
• Flexibility of the cost
Every family’s finan cial set up is
different, and there is no standard
requirement for the costs of mediation.
In some cases, parties agree to share
the costs in equal or otherwise shares,
or one party may bear the cost entirely.
If one party is eligible for public funding
with their mediation sessions, then this
exemption will be extended to the other
spouse.
Many parties raise concerns about
wanting a ‘court order’, something legally
binding to record the outcome of the
mediation. The reason being to ensure
that both parties are bound by the terms
of the settlement reached. Trying to
resolve a dispute in mediation will not
prevent you from securing this. Following
mediation, documentation can be drawn
up for submission to court to reflect any
agreements reached. If this is approved
by a Judge, it becomes legally binding.
Mediation is now a prerequisite to the
majority of court applications, and many
parties we see attending mediation do
so simply to secure a signature on a
court application form. Mediation is
however a far more cost-effective and
timely means of resolving family dispute.
The sessions can be arranged quicker
than court applications are listed, the
courts are well-known for the delays in
listing hearings. Matters can proceed as
quickly or as slowly as agreed between
the parties and if there is a need for more
information, this can be either provided
immediately, or arrangements can be
made to obtain this.
Mediation will allow families to make
arrangements to move forward with their
lives in a way that everyone can accept
and live with. There are no winners in
court proceedings, and as we experience
closure of courts up and down the
country, these are only likely to become
slower and more costly.
B
y Laura Sherlock
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