As we look back on Family Mediation Week, it is essential that, as practitioners, we remain focused on the benefits of Non-Court Dispute Resolution (NCDR), and not only mediation.
The purpose of Family Mediation Week, which happens every year, is to raise public awareness of the mediation process and build confidence in that process. It is important that separating families are made aware, at the earliest stage, of the benefits that mediation can bring so that they are able to make an informed decision to choose what is often the most cost-effective and amicable way of resolving issues relating to finances and children on separation.
This process is often misunderstood. Many people believe it is a form of marriage counselling, and therefore dismiss it out of hand.
What is family mediation?
Family mediation is a form of Non-Court Dispute Resolution (NCDR) that assists individuals in resolving disputes without resorting to court proceedings. It is a process in which a professionally trained and qualified mediator helps parties work out arrangements for issues such as children, finances, assets, and property following separation. They are neutral and impartial third parties. Whilst they are not able to give legal advice, they will be able to provide information about what a judge may consider to help facilitate discussions.
An agreement made during a mediation session is not automatically legally binding. However, an application should be made to the court to convert the agreement into a consent order. Once the court then approves and issues this order, it becomes legally enforceable.
Mediation holds many benefits in comparison to a court process, including costs, speed and its collaborative nature. For more information on the comparison, read Mediation versus Court – which route is best for me? written by Sophie Wallace from the Family Law Team.
Resolution lawyers
All lawyers in our team are members of Resolution. This is an organisation of professionals who follow a Code of Practice that promotes a constructive and non-confrontational approach to family issues and have consideration for the need of the whole family. This code aims to reduce conflict and avoid court, using mediation to achieve better, faster and less expensive outcomes.
Find out more – www.resolution.org.uk
Finding a Mediator
If you are interested in trying family mediation, you should contact an FMC Registered Mediator. You can find your nearest mediator through the Family Mediation Council website.
Find out more – www.familymediationcouncil.org.uk
At your first meeting you will then have the opportunity to explain your situation and find out more about the mediation process. This meeting is confidential, and known as a Mediation Information and Assessment Meeting or MIAM.
If possible, you can inform your ex-partner that you want to try mediation, and agree on a Registered Mediator to use. If you do not want to do this, you can speak to the mediator during this MIAM, and they can make contact with your ex-partner instead.
How can Moore Barlow help?
If you are looking to take the first step towards mediation, and looking for experienced family and divorce lawyers and mediator for your issue, Moore Barlow’s team is here to help. Whether it is to find out more about the mediation process, book your first MIAM or discuss the variety of non-court dispute resolutions available, our team provides a professional, empathetic and transparent service to help families reach the agreement they desire.
As our courts become more and more backlogged and delays become worse, which in turn means increased costs to the parties, the importance of the role that NCDR plays could not be greater. It is up to practitioners to make their clients aware of all the different alternatives to court, including what has now become very popular in many financial cases, the Early Neutral Evaluation. This is where an evaluator is chosen by the parties (usually specialist family law barristers) to provide a neutral and independent indication of what they think would be a fair outcome when it comes to division of finances.
The different processes all have their own advantages, but common to all is the fact that the parties are more in control of their matter, the timing, and the outcome, than they will ever be in court-based proceedings.
