Often emotionally challenging and complex, family disputes cannot always be resolved without external help.
In this case, it is important to enlist the help of a specialist solicitor who has expertise in this area of law; they can answer any questions you have and guide you through your options, such as mediation, making the process as smooth and stress-free as possible.
Civil mediation is a flexible and confidential service used to settle disputes between two or more people, businesses or organisations.
An independent and impartial third party (a mediator) is appointed to sit down with all parties and help talk through the issues, negotiate and reach a mutually agreeable solution.
Mediation can take place instead of prior to or alongside legal proceedings and can be used for a multitude of issues, ranging from professional negligence and breach of contract to bankruptcy and guardianship disputes.
There are many benefits – financial, practical and emotional – to mediation.
The mediator will explain how mediation works, what to expect and any payment arrangements. They will determine if your case is suitable for mediation and direct you to any other support services, such as online resources.
The initial session typically takes approximately 45 minutes and is held with each party separately. Joint meetings may then be arranged.
The purpose of information gathering is to establish the issues and how everyone is feeling. Questions will be asked of all parties to establish common issues and problem areas.
Using joint problem-solving approaches, the mediator will identify the issues to be discussed, label them and relay them to all parties, offering options for reaching a resolution.
By this stage, everyone should have a clear idea of their and other parties’ needs and interests.
The mediator may encourage the parties to shift their mindset but will never offer a solution, simply float ideas. They will not offer advice but rather encourage the parties to compromise on their demands and take on the other’s perspective.
The ultimate goal of mediation is mutual agreement. If this can’t be reached, legal assistance may be sought, and litigation may ensue.
If an agreement is achieved, this will be documented. Family law solicitors may still be involved in formalising any agreement.
Mediation differs depending on the type of mediation and the nature of the dispute, but typically, the mediator will speak with all parties individually first and, if agreed, bring everyone together to discuss the issues.
Mediators are experts in communication and managing strong emotions, so they can effectively cultivate an environment where everyone can be heard and a mutually agreeable decision can be reached.
Mediation does not necessitate a legal professional to be involved; however, the mediator can be a legal practitioner. Litigation involves legal actions, which are brought before the court for a judge to determine an outcome. Mediation involves sitting down in a room with only the mediator and other interested parties.
Mediation is often concluded in a day, whereas litigation can take months to finalise. Court proceedings can involve numerous actors and public processes, but mediation is entirely confidential.
Specialist family solicitors can help you at whatever stage you’re at in your family dispute journey. Whether you decide to opt for mediation or to initiate legal proceedings to settle your dispute, family law solicitors can provide expert advice on the options available to you, direct you to relevant services and offer practical legal assistance if you decide to go through the courts.
Be sure to enlist a legal professional to give you peace of mind and the best possible chance of success.
Family mediators may be legal practitioners, but not necessarily, and they will always be independent and impartial.
Some mediators will have professional qualifications, others not, but they are all trained to manage complex and emotionally challenging situations and are experts in communication.
Mediation can be employed to resolve various family issues:
The cost of mediation varies depending on where you live. Make sure you do your research to find the best price.
Some mediators charge based on salary, and others will agree a fixed number of hours, which is cheaper and can encourage a quicker resolution.
To keep costs down, it’s advisable to agree on as much as possible with the other party before attending mediation. If you’re on a low income, you may qualify for legal aid. If the mediation relates to a child, you may be eligible for the Family Mediation Voucher Scheme – a financial contribution of up to £500 towards mediation costs.
Court battles can be long, highly stressful and expensive. Mediation can help preserve relationships, as it is typically less acrimonious and mutual agreement is the goal.
Unlike litigation, where a judge makes decisions for you, mediation allows you to be in control of the outcome.
Mediation isn’t free but it’s far cheaper than going to court. A solution is also reached quicker than in court proceedings, over hours or several sessions versus potentially days, weeks or months.
There is no legal requirement for a solicitor to be involved in your mediation; however, having a legal specialist to offer you expert advice and, if necessary, practical support alongside mediation is advisable.
Specialist solicitors can also formalise any mutually agreed solution, mitigating the risk of disputes further down the line.
