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Experts

Family Mediation Week: 16 – 20 January 2023

Mediation provides a platform for separating couples to work together to find lasting solutions.

Today marks the start of Family Mediation Week and an opportunity to consider the many benefits that mediation can bring to separating families seeking to resolve their issues productively with dignity and respect.

Throughout the week, the Family Mediation Council will be holding a number of online seminars that will explain what is involved in the mediation process, how mediation can help and why it is so important and successful as an alternate to court-based litigation.

Weightmans have also produced a number of family mediation articles, addressing in particular how family mediation can work even in the most complex of cases.

What is family mediation?

Mediation provides a platform for separating couples to work together to find lasting solutions whether in relation to the arrangements for their children or finance or both.

The role of the mediator is to facilitate and manage those discussions and help the couple arrive at a solution that is both fair and achievable, reducing the stress, delay and cost that is often associated with the court process.

Is it compulsory?

Mediation is not compulsory but the benefits over court-based litigation are such that most will be required to attend a Mediation Information Assessment Meeting to find out more about the process before being able to make an application to the court.

Is mediation right for me?

Family mediation can cover the whole range of issues that arise following the breakdown of a relationship.
It is not just limited to married couples, but civil partners, former cohabitants, grandparents and extended family members can all use mediation to help find a solution to the important issues that arise when a relationship ends.

The best way to see whether mediation may be right for you is to attend a Mediation Information Assessment Meeting (MIAM). This is a pre-mediation meeting during which you will be able to discuss with the mediator the issues that are concerning you. The mediator will then be able to explain the various options that are available and whether mediation may be a suitable one or not.

What happens during mediation?

The structure of the sessions will be created around your particular circumstances starting with whether you would be comfortable being in the same room as each other or would prefer separate rooms, using a process called shuttle mediation. Alternatively, the meetings may take place remotely via video link.

Whether you then choose to have a series of short sessions spread over time or a single session lasting either a day or half day, the mediator will help establish the issues and framework around which solutions can be found.

In resolving the arrangements for children, the mediator will help the adults focus upon the needs of the child and what is going to be in the child’s best interests, removing emotions that can often cloud those judgments.

At the end of the process and once points have been agreed, the mediator will help prepare a Parenting Plan that draws together all the key elements of the agreement and how the couple intend to co-parent in the future.

Where finances are in issue and unless this has already taken place, the mediator will firstly help clarify exactly what there is through a process of financial disclosure. The mediator can then signpost you where expert input may be required, such as from an actuary, financial adviser or mortgage specialist, before helping you come up with proposals that would be acceptable to you and your former partner or spouse.

Mediation is very much about helping you look forward and make decisions together to avoid the associated risk, cost and delay in delegating those decisions to the court. For more information or to start the mediation process with your individual MIAM please contact Antony Ball at Weightmans LLP.

If you would like further information on the benefits of using mediation, please contact our family mediation lawyers.

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