Family Mediation

When considering delays incurred by Court proceedings, to include delays to hearings and the often prohibitive cost of litigation, Family Mediation offer a real and practical alternative. As an experienced family solicitor and mediator I have written this blog to help better understand what family mediation is along with details on the process and advantages of mediation.

I am Simon Hawkins, Solicitor and Family Mediator offering Mediation services in respect of family matters at Redkite Law LLP.

What is family mediation

From my experience of dealing with client’s going through divorce or separation it is a very emotional and stressful time. However, there are often important decisions and issues that need to be discussed and resolved. For example, what are the childcare arrangements going to look like, where is everyone going to live, how are bills to be paid, how are the finances to be divided, what is to happen to the family home, pensions, savings, debts etc.

In my view this is where Family Mediation can really come into its own and offers parties a chance to reach swift, amicable, practical and fair solutions.

Family Mediation provides parties with a safe, confidential place to discuss issues and arrive at a solution that works best for the whole family.

How do you go about starting Family Mediation and the Mediation Journey

The key principles of Mediation are that it is:

Voluntary

Impartial

Confidential

Self-determining

After you have contact Redkite to enquire about mediation I will contact both parties individually to arrange to meet with you both for your MIAM (Mediation Information Assessment Meeting).

What is a MIAM?

The MIAM is a meeting which allows me to gather information about your situation and find out what is important to you and what you want to achieve. I will also ensure that mediation process is explained to you and is appropriate for you.

Assuming mediation is suitable, and you both wish to proceed we will then have joint sessions together. If you are discussing financial issues you will need to enter into financial disclosure so that you both have a full understanding of the financial landscape and agree the value of the various assets.

Once agreement on the financial disclosure has been reached, I will draft an Open Financial statement which will summarise the financial position. You will then use this as the basis to discuss how you wish to divide up the assets.

My role as the mediator is to facilitate those discussions and in doing so help you achieve a resolution. As the sessions are self-determining and voluntary, the couple has control over what they wish to prioritise for discussion, how often they want the sessions, how long they will last and what the final result will look like.

Anyone can start mediation at any time in the divorce/separation process. Equally anyone can decide to stop mediation at any time in the process.

At the end of a successful mediation process you will have an agreement on the child arrangements and financial matters. I will then draft a Memorandum of Understanding setting out the terms of the agreement which can then be taken to a solicitor and drafted into a financial consent order for filing and approving by the court.

A mediator cannot provide legal advice but at any time in the process you can instruct a solicitor to obtain legal advice whilst proceeding with the mediation.

Why choose Family Mediation and what are the advantages:

As both a solicitor and mediator I can see both the legal process and mediation process in action. My experience is that mediation can complement the legal process. Couples will often need some level of legal advice during a divorce or separation. My legal expertise as a solicitor enables me to guide the parties knowing what the Court would likely conclude if ceased of the matter. However, mediation offers an opportunity to resolve the issues without incurring costly legal fees and going to court.

There are many advantages to using Family Mediation to resolve issues around children or finances when a couple is separating. Some of the key advantages are:

1) Voluntary – You both must agree to enter into the agreement and either of you can stop or pause the agreement when required. It is a decision taken together and therefore is a more amicable and less confrontational process.

2) Control - You both control the pace of the mediation and what issues are discussed. If you go to court, you will need separate proceedings to deal with the finances and the children. You will be told when to attend and only allowed to speak at certain times, usually via your solicitor or barrister. Within mediation you have control as to what is discussed and when and if you want to stop/take a break you can.

3) Self-determination – Together you reach an agreement which is fair and works for the whole family. Ultimately if you are at court, it is the judge at the Final Hearing who will make the decision for you. In family mediation you own the process, and the final outcome is decided by the couple. This allows the couple to make the decision that is best for them and their children rather than having a third party impose a decision upon them. In mediation nothing is imposed on you.

4) Time – because you control the pace of the mediation the process can be quick. You are not delayed by the significant court backlogs. Currently it can take over 40 weeks for court applications filed in the Family court to be resolved.

5) Cost - mediation is considerably cheaper that proceeding to court. The average divorce via the court costs £15,000-£20,000 + VAT. The compares to around £1500.00 + VAT for mediation.

More recently there have been changes to the Family Procedure Rules (FPR) which are the rules which govern how cases should be managed in the family court. Thise changes make it a requirement that everyone making an application to court attempts non court dispute resolution, which mediation is one form. Further the court can now impose cost sanctions on those that refuse to attend a MIAM or fail to enter into non court dispute resolution without good reason.

In summary I would say mediation can be a very useful method for separating couples to resolve disputes regarding their children or finances in a quick, less stressful, more accessible and cost-efficient way than proceeding to court. Mediation allows you to take control of the process and reach a solution that works best for the whole family.

If you are interest in discussing family mediation further or starting the process, please contact me at simon.hawkins@redkitelaw.co.uk or call me on 01453 514 904.