Solicitor Support in Family Mediation
Family Mediation may not be suitable in every case or every client. However, we recommend it is considered in most cases.
Would you like to explore whether mediation is right for you?
What is Family Mediation?
Family Mediation is a voluntary, confidential, and impartial process. This process is used by separating couples to help them reach their own agreement. This could be about their finances or about the arrangements for their children.
Mediation is not counselling. Similarly, it is not a process for reconciliation.
The mediator is professionally trained. Their role is to meet with both parties at the same time. The mediator supports parties to communicate in a healthy and constructive way. Their aim is to help resolve issues and facilitate agreement.
All discussions and proposals in mediation are ‘without prejudice’. This means that they cannot be relied upon if an agreement is not reached. That is even if Court proceedings are needed. This enables parties to discuss and explore all options. However, it is important to note that financial documents disclosed in mediation are ‘open’. This means that these documents can be used in any subsequent Court proceedings.
What type of cases can Family Mediation help with?
Family mediation is suitable for all aspects of family law including:
- The arrangements needed for a divorce.
- The financial aspects of divorce or separation. This can include maintenance, the Family Home and other property, and pensions.
- Arrangements for Children following separation.
- Property concerns surrounding the legal rights of unmarried couples.
- Arrangements for pre-nuptial and post-nuptial agreements.
Unsure whether Mediation could help you?
What is the benefit of Family Mediation?
Mediation is often the first step to resolving a family issue. This is because it has many benefits. These include:
- The process is voluntary. Therefore, parties can pause or stop the mediation process at any time.
- Parties stay in control of their decisions and the outcome.
- Mediators are impartial. They help facilitate discussions between separating couples. They do so in a neutral, compassionate, and non-judgmental way. As a result, acrimony is reduced. This helps parties maintain their relationship which is extremely important if children are involved.
- The mediator helps to find a solution that works for both parties.
- The mediation process is usually less stressful and much quicker than the Court process.
- Mediation is often a more cost-effective way of resolving disputes.
Do I have to attend Mediation?
In short, No. The process is voluntary. However, if Court proceedings are needed, the Court expect mediation to have been considered. Furthermore, a Mediation Information and Assessment Meeting (MIAM) will be required. There are some exceptions to this.
What is a MIAM?
A MIAM is a short meeting with a Mediator. It provides information about mediation as a way of resolving disputes. A Mediator will use a MIAM to assess whether mediation is appropriate in the circumstances.
Are agreements made in Mediation legally binding?
Agreements reached in mediation are not legally binding. They cannot be enforced in the Court. To become binding the agreement needs to be put into an appropriate format. This could be a Consent Order approved by the Court or a Deed. This is crucial for the financial aspect of a divorce. We, therefore, recommend that a Specialist Family Law Solicitor is consulted to ensure the agreement becomes legally binding where required.
Do I need a solicitor alongside the Mediation process?
A mediator cannot and will not provide legal advice. It is therefore beneficial to have legal advice before, during or even after the mediation process. This can be helpful for receiving legal advice to:
- advise about any legal matter connected with the discussions that will, are or have taken place in mediation.
- consider the fairness of any proposals.
- review any agreement reached.
- ensure that any proposal or agreement is workable and can become legally binding.
- review or prepare any required documents. This could include the financial disclosure forms needed for financial matters. Alternatively, the forms for a divorce.
- turn the agreement into a legally binding document if required.
As a result, typically the mediator will encourage parties to seek their own independent legal advice. Where appropriate, they will encourage parties to seek a Solicitor to draw up any necessary legally binding document.
How can Keats Family Law support the Family Mediation process?
It is beneficial to seek advice from a Solicitor at the earliest opportunity. This should be before and alongside mediation if possible. Keats Family Law can assist at the start, middle or end of the mediation process. That is, to explore if mediation is right for you; for advice on what proposals should be made; for advice on the fairness of the proposals on the table or to provide assistance with drawing up any agreement into a legally binding document.
If you would like to explore whether mediation is right for you or you would like to know how we can support you through your mediation process, please contact us.
Where can I find out more about Family Mediation?
The Family Mediation Council website has a wealth of information as well as a list of local mediators.
The Ministry of Justice and the Family Mediation Council have put together a useful leaflet.
The University of Exeter have put together a helpful video for separating parents: Considering Mediation: What you need to know.