Mediation Week: 16 – 20 January 2023
It is currently Mediation Week: the aim is to raise awareness and advocate for the benefits of family mediation. By way of explanation, mediation is where a neutral third party, the mediator, helps separated couples to agree child arrangements and/or the terms of financial settlement.
Mediation can have many benefits, for example:-
- It can be more cost-effective than solicitor negotiations or Court proceedings: there will be one mediator’s fee to pay, rather than both parties paying for their own solicitors. Further, parties may be able to make use of the current mediation voucher (£500) scheme.
- The parties can retain control over the decisions they make: i.e. in mediation, a Judge cannot impose a decision upon them.
- Mediation can be flexible: it can take place at a more comfortable setting than that of a Court room and can take place at such times that is suitable for the parties, together with having control over the length of each session.
- It can help to promote and develop better communication between separating couples, especially those who will go onto be in a co-parenting relationship. Mediation allows for each party to give their view, in a safe space, about how the future should look for both parties and the children. Parties can talk openly and freely, as communications are without prejudice and the mediation is itself private.
In fact, Judges are very keen to see that people are mediating rather than using the Court system to resolve their disputes. Before Court applications are made to the Family Court, the Applicant must, unless a valid exception applies, attend a Mediation Information and Assessment Meeting (MIAM). At a MIAM, the mediator will explain about mediation and answer any questions that the person has. Further, if the Court feels that mediation may be suitable to resolve the dispute, they can order each party to attend a MIAM.
If the separated couple reach an agreement about, for example, the terms of financial settlement, the mediator can produce a memorandum of understanding recording these: a family law solicitor can then draft the Order, ready to be filed at Court.
The Family Department at Barker Gotelee would be happy to assist you with any questions that you may have about mediation or prepare the necessary paperwork to file at Court, evidencing the agreement reached in mediation.
If you would like to find out more about Mediation Week, you can do so at the following website:-Family Mediation Week Events for the Public – Family Mediation Council.
Emel Kilicikaya is a trainee solicitor at Barker Gotelee Solicitors in Suffolk.
Ipswich Family Solicitors – for more information on our range of legal services, please call the team on 01473 611211 or email [email protected]
