Sometimes, when two parties are in a dispute over their financial or child arrangements, they might try Family Mediation.
And often times, Mediation can be a fantastic way to resolve a disagreement before court involvement is needed…but how does it work?
In his latest article, Family Mediator Simon Immins answers your questions on the mediation process.
What is a family mediation?
Family mediation is where an independent third party helps separated couples to work out arrangements for their children and finances after a separation.
A professionally trained mediator will, without bias, help separated couples communicate with each other and come to an agreement that they can both work with moving forward.
At the outset, an individual meeting with each person will be held to determine whether mediation is the best option. All of those individuals’ discussions are confidential but, if mediation does move forward, all subsequent discussions and information are shared.
If the parties and the mediator are happy, then the mediation sessions will take place and, if both parties agree on a possible way forward, then a document will be drawn up confirming the details of the proposals on which they agree with in the mediation.
This document is not binding on the parties at that time that it’s drawn up but can become so if the parties wish to make it so.
What is the goal of family mediation?
The goal of family mediation is to resolve a dispute or disagreement before there is the need for court involvement, prioritising healthy communication.
Without going to court, parties avoid the extra costs that might be incurred, and potentially experience a less stressful and tumultuous process.
Mediation can also be much calmer and much less confrontational than going to court, meaning that parents may be more likely to preserve their relationship with each other and their children. This can be crucial when it comes to co-parenting.
It can also allow for a swifter resolution.
Related: What are the current family law court fees?
What questions are asked in family mediation?
The questions asked in family mediation usually depend on what the disagreement is about.
Questions asked in child arrangement mediation:
If the disagreement revolved around the parties’ children and child arrangements, the mediator would ask questions that help each party:
- Outline the current child arrangements (i.e., who the children live and spend time with)
- Assess their children’s physical, emotional and educational needs
- Consider their children’s wishes
- Come to an agreement, taking into account all of the above, with the children’s needs and wishes the paramount consideration
Related: Divorce and child arrangements - What do parents need to consider?
Questions asked in financial family mediation:
If the disagreement is a financial one, the mediator will ask questions that help each party:
- Set out their financial positions and contributions (including child maintenance)
- Assess their short and long-term financial needs
- Identify any pre-existing legal agreements and obligations that they may have (such as financial orders)
- Help the parties reach consensus by assisting the parties to:
- Communicate with each other safely and constructively.
- Outline to each other their preferred options for asset division
- Help them find a solution that is acceptable to them both, and
- Outline future financial obligations and payments
Related: How to get a child maintenance order
How much does mediation cost in the UK?
How much your mediation costs depends on which mediator you choose, the type of mediation and how long the sessions take.
At Frettens, we will always be honest and upfront with our fees. For a tailored quote, please contact our team on 01202 499255, or fill out the form at the top of this page.
Do both sides have to pay for mediation?
Most of the time, both parties pay their own share of any mediation costs, however, the parties involved in proceedings might agree different payment terms between them.
What happens if family mediation fails?
Although family mediation can be extremely effective in resolving disagreements, it doesn’t always work.
If mediation fails, and no agreement is reached, you may wish to go to Court to resolve things. In which case, your mediator can provide you with a form to commence proceedings.
A Court will listen to both parties involved and come to a decision. At which point, the courts will decide what should happen after several hearings.
You can also request a court order from the court. Read how Financial Orders work here, and how Child Arrangements Orders work here.
At Frettens, our experienced team of solicitors can assist and support you through the Court process, ensuring your best interests are represented. To contact our Family Solicitors, please call us on 01202 499255, or fill out the form at the top of this page.
Specialist Family Mediators
At Frettens, our Specialist Family Mediator Simon Immins is registered with the Family Mediation Council (FMC), trained by Resolution.
Simon would be happy to assist you in mediation, ensuring a fair, unbiased process.
In a free initial chat, Simon can discuss your circumstances with you and provide a tailored quote. To arrange this, please contact us on 01202 499255, or fill out the form at the top of this page.
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