Family Mediation Lawyers

What is family mediation?

Family mediation is a process conducted by a trained and impartial mediator who will assist you and your former partner in coming to an amicable agreement on such things as child arrangements and finances following your separation.

Relationship breakdown and subsequent separation from a long-term partner will likely be one of the most stressful, emotive, and complex experiences of your adult life. With so much to consider, the help of a trained family mediation lawyer can help to remove some of the emotion and assist you in finding common ground.

When considering the services of a mediation lawyer, you may find it helpful to know about the principles of the mediation process.

These include:

• Family mediation is voluntary – You come to mediation by choice
• Family mediation is confidential, without prejudice and privileged – Proposals and discussions will remain confidential between you and your family mediation lawyer
• Your mediator will remain impartial
• You make the decisions – Your family mediation lawyer provides legal information and options, but only you can make the final decisions

What are the benefits of family mediation?

Although mediation may not be right for everyone, it can offer a number of benefits over taking your family disputes or separation to court. These include:

• Less Stress: Mediation is often less stressful and imposing than court. The aim of mediation is to help you and your former partner to resolve your issues amicably whereas a court hearing can feel more confrontational.
• More Control: Mediation offers you more control over your future and the future of any children who may be involved by providing a safe space to discuss matters. Any decisions made by a court in this regard are final and legally binding.
• Faster and Cheaper: Family mediators are trained to help you to resolve your issues and disputes in a timely and efficient manner. As such, instructing a mediation lawyer is often the faster and cheaper path to resolution.
• Proven: A 2019 study by the Family Mediation Council (FMC) found that 75% of mediation cases will reach a successful outcome.
• Flexible: Your mediator will encourage you to set time, place and duration of a mediation session. In addition, you are in control of the agenda and are encouraged to discuss the matters which are of greatest importance.
• Privacy: The private and confidential nature of mediation helps both parties to be as relaxed and honest as is possible and often encourages those undertaking mediation to make suggestions that they perhaps would not in court setting. For high-profile individuals, choosing to mediate over going to court helps to keep matters private.

Child inclusive family mediation & mediation for child access

Throughout the family mediation process, children like to be involved and are keen to know what is going on but many find that their concerns are not considered. Children want to know what time they will be spending with each parent, where they will live or when they will see their extended family. They may feel unable to voice their feelings for fear of upsetting their parents or they may feel that one or both parents are not listening to them.

Child inclusive mediation allows children to voice their views, wishes and feelings without the burden of decision-making. Children are not forced to talk about things that they do not want to and if they do not want to be part of the process, they are free to make that choice. If they want a place in the process (and their parents agree), they will be invited to speak with a legally qualified mediator who specialises in child consultation.

RESOURCES:

• What is a Child Arrangements Order? >
• What are specific issue and prohibited steps orders? >
• What is Schedule 1 of the Children Act 1989? >

Child inclusive meetings usually last between 30 – 60 minutes, depending on how many children are involved, although time is not restricted and there is no limit to the number of meetings. Talk to us about child inclusive mediation >

Mediation services for child access:

Mediation is an effective way for you and your former partner to come to an agreement about future child arrangements. Anyone applying to the courts in respect of disputes involving children is required to attend a Mediation Information Assessment Meeting (often referred to as a MIAM – find out more about MIAMs and how they differ from mediation). These applications include:

A Child Arrangements Order: An order which regulates with whom and when a child is to live, spend time with or have contact with. These orders are governed by section 8 of the Children Act 1989.

A Specific Issue Order: An order granted by the family court concerning a specific child-related issue where parents with parental responsibility cannot otherwise reach an agreement. These can include, whether a child should change their name; decision related to the child’s education; and permanently moving a child abroad. Also known as a section 8 order.

A Parental Responsibility Order: An order granted by the family court which gives parental responsibility.

Insights from our family mediation lawyers

Before you enter into the mediation process, it is wise to gather as much information as possible to ensure it is the correct path for you. Our mediation lawyers are committed to providing relevant and up-to-date mediation guidance to help you on you journey:

• VIDEO: How to choose a good family mediator? >
• VIDEO: What happens at a mediation session? >
• VIDEO: What happens at the successful conclusion of family mediation? >
• ARTICLE: What is family mediation? >
• ARTICLE: Successful outcomes of family mediation – are these legally binding? >
• VIDEO: An introduction to online remote family mediation >
• VIDEO: How to set up and prepare for child inclusive online family mediation > 

Talk to our family mediation lawyers

Our professional and pragmatic mediation lawyers understand that the matters of each family are unique and should be approached with empathy and understanding in order to guide you towards the best possible outcome.

To arrange a mediation or to simply discuss your interest in our services, call us on 01202 983999, complete the form below or contact Lindsay Halliwell directly.

For more information on how we can help you:

• deal with a relationship breakdown where you are married or in a civil partnership, visit our Divorce and Dissolution page
• understand the financial repercussions of a relationship breakdown, visit our Financial Settlement page
• deal with the end of your relationship where you are unmarried or not in a civil partnership, visit our Relationship Breakdown page
• plan for Asset Protection and how your assets could be dealt with in the event of separation or divorce
• Talk to our family solicitors about pre- and post-nuptial agreements > 
• deal with any children issues, visit our Children page