What does family mediation involve?
Family mediation is a process that involves an impartial and trained mediator, who helps families resolve disputes related to children and finances after separation. Acting as a neutral third party, the mediator facilitates open communication, helps clarify the issues at hand, and supports the parties in finding mutually acceptable solutions, without the need for court intervention. Unlike court or other forms of dispute resolution, the mediator does not make decisions but guides the parties toward finding their own solutions.
What is the first step of family mediation?
The process begins with a Mediation Information and Assessment Meeting (MIAM), where parties have the opportunity to learn whether mediation is right for their family. Parties must attend this initial meeting on their own. Following the MIAM, if both parties agree to proceed, a mediation session will be scheduled.
What to expect during a family mediation session?
At the start of a family mediation session, the mediator will explain the process and set the ground rules. Both parties will be invited to share the issues they want to address to ensure that all concerns are covered. The mediator will make sure that each person has a chance to express their views and concerns without interruption.
The mediator will then facilitate brainstorming, encouraging both parties to explore potential solutions and evaluate the positives and negatives of each proposal. If an agreement is reached, the mediator will assist in formalising the terms of the agreement. If an agreement cannot be reached in that session, the mediator may suggest further meetings or guide the parties toward other forms of dispute resolution.
Are family mediation agreements legally binding?
Family mediation agreements are not automatically legally binding. The mediator will write down the agreement reached in a ‘Memorandum of Understanding’ so that everyone is clear about the arrangements. However, if the parties wish to make this agreement legally binding, they should apply to the court to convert the agreement into a consent order. Once the court approves and issues the order, it then becomes legally enforceable.
Why is mediation beneficial for families?
Family mediation is more informal and less confrontational than traditional court proceedings, which can help preserve relationships and facilitate cooperation between the parties. This is particularly important for those who have children and need to continue to co-parent after separation.
As mediation is confidential and conducted on a “without prejudice” basis, it allows for open and honest discussions without the risk of these conversations affecting the case if it later proceeds to court. This helps narrow the issues in dispute early on, allowing the parties to focus on the key points that require resolution. If successful, mediation can significantly reduce the time, stress, and costs associated with lengthy, expensive, and unpredictable court proceedings.
For families dealing with serious issues like domestic abuse or where there is a significant power imbalance, mediation may not be appropriate or safe. However, for families aiming to resolve conflicts and maintain relationships, mediation can be a powerful tool for reaching amicable solutions.
How Moore Barlow can help
We understand that family disputes can be emotionally draining and complex. That’s why we offer family mediation services to help you resolve issues in a calm and constructive manner.
Our experienced family mediation solicitors will work with you and your family to find a mutually beneficial solution, without the need for court intervention.