Mediation is a voluntary process where separating couples work with a neutral mediator to resolve issues like child arrangements, finances, and property without going to court. It’s usually quicker, less stressful, and more cost-effective than legal proceedings. It can be especially helpful in keeping the focus on the best interests of any children involved.
However, mediation is sometimes overlooked or even dismissed due to pre-conceived ideas and assumptions about the process and what is involved. In this article we address the top three myths we hear, about mediation.
1. Mediation is not appropriate when there has been domestic abuse
Mediation is not suitable for everyone. However, prior to starting the mediation process, each individual has the opportunity to attend a Mediation Information and Assessment Meeting (MIAM) on their own which allows the mediator to determine if the process is safe and suitable for them. They will be able to ask the mediator questions and convey any worries or concerns they may have. This will assist the mediator when determining what safeguards, if any, are required to facilitate the process.
Mediation is tailored to meet the individual needs of the person. It comes in many forms including face to face, online, joint and separate (shuttle). The mediator will determine whether separate spaces with staggered entry and leaving times are appropriate or consider organising mediation online so the parties can sit in the comfort of their own homes without any pressure or the need to see the other person.
In some cases, it can be helpful for solicitors to join the session and to have separate confidential discussions with each person during a session. This is often referred to as Hybrid or Lawyer Supported Mediation. This mode of mediation provides the individuals with support from their solicitor and access to legal advice which can be beneficial in achieving a positive outcome. This mode of mediation can also take place in separate spaces to ensure victims of domestic abuse are safe.
2. What’s the point if it’s non-binding?
Mediation is not legally binding. The beauty of this is that it provides individuals with the opportunity to be open, honest and transparent, having the opportunity to take legal advice throughout the process.
Once an agreement is reached, the mediator can prepare a Memorandum of Understanding or Parenting Plan for parents which sets out the arrangements for the children. This covers practical issues and provides a sense of security for the family, specifically the children. If parents decide they would like to have a binding agreement, they may be able to make an application to the court for the agreement to be made into a Child Arrangements Order with the consent of both parties. Most parents are content to implement the arrangements themselves without the need to seek a formal court order, but this is a potential option.
In disputes surrounding financial issues, the mediator will draft a Memorandum of Understanding together with an Open Financial Statement. In divorce cases, these documents enable the parties’ solicitors to draft the Consent Order which is a legally binding court order setting out the financial agreement between the parties.
3. The other party won’t attend
In the event of family legal dispute mediation should, in most cases, be one of the first considerations to try and resolve matters. In fact, mediation is now a pre-requisite to making an application to the court in all but exceptional circumstances. Many individuals believe that their ex-partner will not engage with the process. In most cases and, after receiving information about what mediation is and the advantages of it when compared to litigation, most individuals are willing to give it a try.
Over 27,000 families have been supported through amicable separation under the Mediation Voucher Scheme which allows them to access a contribution of up to £500 towards their mediation sessions. Court proceedings may cause emotional and long-term trauma to children. Engaging in child mediation and child inclusive mediation has resulted in positive outcomes for 1000s of parents who may have never previously considered mediation.
It is not unusual for individuals to attend an initial Mediation Information and Assessment Meeting and realise just how helpful mediation can be to their family as a whole.
If you would like more information about family mediation and how the process could help your family, please contact Consilia Mediation. Call us on 0113 322 9222 or email enquiries@consiliamediation.co.uk.