27 - 31 January 2025 is Family Mediation Week. This week is designed to raise public awareness of the benefits of mediation, particularly in family disputes.
What is family mediation?
A couple meet with a mediator, who acts as a facilitator to encourage discussion, to hopefully reach a workable solution for their particular family as a way of dealing with their disputes.
Mediators are neutral and will not take sides in the dispute. They may indicate the parameters that a Court would adopt, but they will not give specific legal advice to either of the couple. Very often, a separating couple will also be supported through the mediation process by having access to their own independent solicitor.
Mediators can deal with all aspects of family disputes, including complicated financial disputes, financial disclosure, financial provision both for married and cohabiting couples, and in connection with financial arrangements/maintenance for children and/or payment of school fees. Mediators can also deal with issues relating to children who may be caught up in their parents’ dispute. This can include arrangements for deciding where the child will live, how much time is spent with the other parent, arrangements for visits, overnight visits and holidays, and also arrangements for those important WhatsApp/FaceTime calls on the days when the child is away from a parent. Disputes in relation to a child’s schooling, medical treatment or other specific issues can also be dealt with within the mediation process.
Where do mediations take place?
Mediators can “meet” with the couple physically if both are comfortable and the mediator determines it is safe to do so together. An alternative could be “shuttle mediation” where the couple are in individual rooms, and the mediator travels between them to discuss arrangements and proposals. Mediation can also take place remotely via video link such as Zoom or Microsoft Teams. This can be particularly helpful if one of the parties is overseas and can lead to more flexibility of timing and availability for the mediation sessions.
Is mediation compulsory?
Mediation is not compulsory and part of its ethos is that it is something that is entered into voluntarily. However, since the end of April 2024, the Court has indicated that it will expect a couple who are seeking the Court’s determination on any financial arrangements or issues relating to their children following the breakdown of their marriage to consider non-Court dispute resolution (NCDR), of which mediation is one form. The Court will investigate what efforts have been made to resolve the dispute before coming to Court. The Court now has wide powers to even adjourn cases to allow for NCDR, and in a recent case, has exercised it powers to penalise a party who failed to engage in NCDR with sufficient enthusiasm and pro activity by ordering them to pay 50% of the other party’s costs.
Can lawyers attend mediation with their clients?
A mediator can work with a couple supported by their individual lawyers who can attend the mediation. As before, this can either work with all participants in one room or with shuttle mediation. If a party is particularly vulnerable, or feels that they are likely to be at a disadvantage in any negotiations notwithstanding the mediator’s ability to address any power imbalance, this form of mediation can work well.
How many sessions will a mediation take?
Mediations can take place over a series of meetings, normally lasting 90 minutes each. In which case, the average number of sessions taken to reach suitable proposals is five to six. Alternatively, and particularly where the couple are supported by their individual lawyers, it is usual for mediation to take place as a one-off mediation lasting a one to two days depending on the issues to be considered.
Mediation offers a constructive, personalised way to resolve disputes, fostering communication in a less adversarial environment. With the right guidance, mediation can pave the way for more amicable and tailored outcomes for all involved.
At Fladgate, we are fortunate to have two experienced mediators, Teresa Cullen and Hetty Gleave, and Teresa is also a hybrid mediator. For any queries regarding mediation, please get in touch with Teresa or Hetty directly.