Our Family Law Solicitors have put together this short guide on Family Mediation, what is mediation and why you might consider mediating your family dispute
Is Mediation for you?
People are often put off going to mediation as it can be quite a daunting prospect, entering into a room to try to come to an agreement with another person you may not particularly get on with. However, mediation is a great tool to try and negotiate matters when you are separating for example, arrangements for children and what will happen with your finances.
You do not have to be in the same room as your ex-partner, you can attend a mediation session which is known as “shuttle mediation”.
There is a requirement on Court application forms for children and financial proceedings to confirm that mediation has been considered as a method for resolving these types of matters. So, before you can make an application to the Court for child or financial matters you will need to consider attending mediation unless you can show that you are exempt from attending.
Why consider mediating
- It is less expensive than issuing proceedings at Court;
- Mediators are impartial and will assist both parties in trying to reach a fair agreement;
- Discussions in mediation are private and confidential;
- It can reduce conflict and maintain a better ongoing relationship for both parties. This is especially important if you have children.
Legal aid is available for Mediation if you meet the financial eligibility criteria.
When mediation may not be for you
Mediation is rarely not suitable for most separated partners. However, if you have been a victim of domestic abuse or if there are issues of harm concerning your child, then mediation will not be an appropriate course of action for you and you should seek the advice of a family law solicitor.
Agreements that you make in mediation are not legally binding, you should always seek legal advice on any agreement you have reached with your former partner, as it is not the mediator’s role to provide you with legal advice.
If you have recently attended mediation and you have reached an agreement with your former partner and would like legal advice concerning the agreement you have reached, please contact one of our solicitors in our family department who specialise in matrimonial and children matters and who are resolution members on 0116 255 1811 or email Aimee Martin on AMartin@josiahhincks.co.uk.
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