Life can be unpredictable. Unfortunately, as much as we would like our family units to stay together, that is not always the case, and it is not uncommon for people to choose to separate.
A number of circumstances could lead to a family’s collapse, from unfaithfulness to disagreements; at Brown Turner Ross, we have supported families as they transition to a new normal.
If you are experiencing a familial disagreement that requires legal intervention, you may be expected to attend mediation.
But what is mediation, and what does it mean for your family?
What is Family Mediation?
Family mediation is a completely voluntary process in which a third-party, professionally trained mediator helps a family resolve disputes outside of litigation. This tends to be through an open discussion or negotiation.
Unlike in a court setting, a mediator does not have the power to make decisions, instead, they are responsible for facilitating communication and helping all involved parties come to a mutual agreement which can then be drafted into a formal agreement for the court’s approval.
This is a preferable solution over going through contested court proceedings and does not come with the same hefty bill, which is why it is always suggested that you try mediation.
Benefits of Mediation Over Litigation
If you are currently experiencing familial conflict, be it through divorce or child agreements, it is likely that you have been recommended to attend family mediation.
If you have never been in a similar situation, you may need help understanding the value of mediation before going to court. Here are some of the benefits of family mediation
Less Stress
If you have ever been in court, you will know that the environment can be stressful. It is strict, and there are a lot of procedures to follow, which can distract from the matter at hand.
Mediation happens in a more relaxed environment, with only you, the other party, and the mediator in the room. Having an open discussion in a more relaxed environment means that you won’t feel any pressure and will feel more comfortable expressing your feelings.
More Control
In a courtroom environment, you get very little control over the process, and the judge can ultimately impose a decision upon the parties.
Mediation offers the flexibility to customise the discussion process to focus on specific issues of concern, allowing for mutually agreed tailored solutions and answers to relevant matters.
Financial Savings
Mediation can save you much more money in comparison to court proceedings. When you go to court, you have to account for the fees for your legal representation, which can add up.
Though mediation still costs money, it is often much lower than what you would be expected to pay if you were to battle the issue in court.
Better For Children
If you are seeking court intervention to determine arrangements for children, it is unlikely that they are unaware of what is happening. However, court proceedings can be incredibly stressful for children, so it is important to do what you can to mitigate the impact.
The Types of Mediation
Now that you know more about the benefits of family mediation, you likely want more information about the types of mediation available.
Parental Mediation
Parental mediation is one of the most common forms of mediation. During parental mediation, parents can discuss intense family problems such as finances. This type of mediation provides the opportunity to have an open discussion about what will happen next.
This is a fantastic opportunity to clear the air and remove any animosity so that you can discuss co-parenting and the custody arrangements you will make.
Child Arrangement Mediation
Child arrangement mediation can occur with or without the child’s presence. The choice depends entirely on circumstance and the age of the children, but involving your child in the arrangements for where they live and spend time with the other parent during a child inclusive mediation process can allow them to have their say on the situation and express their feelings.
Mediation allows you to have an open and honest dialogue outside of court settings. It creates a platform for respectful decision-making, which is essential for making the correct decisions to facilitate your child’s happiness. During these sessions, you can also discuss important issues such as child support and how to move forward peacefully.
Divorce Mediation
In divorce mediation, both spouses will meet with a third party to negotiate and resolve problems related to their separation, such as the division of assets and other financial obstacles.
The Legal Process of Mediation
If you want to complete mediation and your end goal is to come to a legal agreement by the end of mediation, you can expect to undergo the following process:
Mediation Information and Assessment Meeting (MIAM)
This part of the process is usually compulsory before court proceedings and is often ordered by the courts, though you are not obligated to attend mediation beyond the initial session.
The MIAM is the initial meeting that divorcing couples or anyone requiring family law mediation undergoes. It is necessary to outline the purpose of the mediation and what each party would like to achieve.
In this initial meeting, both parties can decide whether mediation would work for the situation, as some parties choose to go straight to court. After the initial meeting, it is not uncommon for people to seek the advice of a family law professional, who can guide them in the right direction.
Agreement Drafting
In most cases, the mediators you work with will have a legal background. They will understand what courts consider fair and impartial, enabling them to provide you with accurate advice and insight.
Through your mediation sessions, you will begin drafting an agreement regarding the divorce terms, which you can then take to be verified and legally binding.
Making Agreements Legally Binding
Though no agreements technically made during mediation are considered to be legally binding, a court order can be issued to make any drafted agreements legal following the mediation.
Before any agreement becomes legally binding, we always recommend that you seek the advice of a legal professional, as they can give you insight into whether or not the agreement is fair.
Agreements made through mediation are only legally binding if you agree to them, and additional changes can be made to the agreement if necessary.
How Long Does Meditation Take?
There is no set time for mediation, and everyone has different needs, often leading to vastly different mediation times.
On average, you can expect to be in the session for 1-2 hours, though this time can be much longer or much shorter if necessary. You mustn’t feel obligated to reach an agreement too quickly, and you should take all the time you need to reach the necessary resolution.
Do You Have to Do Mediation Before Going to Court?
Typically, Mediation Information and Assessment Meetings are compulsory before you go to court. This is pushed because people often attend mediation and later decide that no litigation is required.
Attending mediation is also looked on favourably by the courts, as it shows a conscious effort to work through the matter at hand amicably. Spending more time in mediation and less time in court can save you a lot of money in the long run, as well as time and emotional discomfort.
How Much Does Mediation Cost?
Many factors can impact the price of mediation. The location of your mediation and the mediator you work with can all influence the overall cost of the sessions.
The initial consultation, referred to as a Mediation Information and Assessment Meeting (MIAM), is priced lower than subsequent sessions. On average, clients can anticipate a cost of approximately £480 for three sessions, which is far less than the legal fees associated with court proceedings.
If you are eligible for Legal Aid, you will pay significantly less for the service.
Who Can Attend Mediation?
Depending on whether you need mediation for divorce proceedings or custodial matters, both involved parties are expected to be present at mediation.
If you have a stake in the mediation’s outcome, it only makes sense for you to be present as decisions are made. However, it is suggested that if you wish to involve the child in the session, you work with a mediator who offers a child-inclusive service.
If you are worried about the confrontation aspect, it is important to remember that the mediator is completely impartial and will step in if discussions become heated.
Need Family Law Advice?
Do not hesitate to contact our team today to undergo mediation , or have already attended mediation sessions and require advice. At Brown Turner Ross, we have years of experience in family law and can guide you through.