What is family mediation and why do we recommend it?

As the Government considers making mediation for low-level family court cases mandatory, let’s find out more about it and how it can benefit you. 

Mediation is not new, but with the UK’s family courts backlogged for months after the pandemic, the Government wants more people to take advantage of it. Reports suggest that mediation could become obligatory for parents going through separation (albeit with some exemptions), thereby keeping family disputes out of the court. 

Mediation has many benefits, and at Couchman Hanson, we often recommend it as a way of resolving your separation without going to court. In this article, we’ll explain what mediation is and how it works. We’ll also look at the benefits it delivers.

What is mediation?

In family law, mediation is a process where two separating partners can talk about future arrangements for their children in a neutral setting with the help of a professional mediator. The mediator is not there to judge or to tell either side what to do, only to facilitate communication.

Agreements made during mediation are not legally binding. However, your solicitor can take what you agreed at mediation and use it to prepare a consent order, which formalises your arrangements.

Since 2014, separating partners have been required to go to at least the first mediation meeting (Mediation Information Assessment Meeting) before they are allowed to ask the court to resolve their dispute. But, there are some exemptions, such as if there is domestic abuse in the relationship or if the child is covered by a child protection plan.

What happens at mediation?

At your Mediation Information Assessment Meeting (MIAM), you and your ex-partner will sit with a qualified mediator. In a session lasting around 45 minutes, you’ll talk about your issues and whether it’s possible to resolve them through mediation rather than going to court.

If you carry on with mediation, you’ll have further meetings where your mediator will help lay out your available options and discuss how they’ll work in reality. Your mediator has to stay impartial and keep everything confidential. If you don’t feel comfortable being in the same room as your ex-partner during sessions, you can be in separate rooms and the mediator will move from one to the other. This is called ‘shuttle mediation’.

Cost-wise, if you are eligible, the government will pay £500 towards your mediation through its family mediation voucher scheme, in force until April 2025. Read more about the voucher scheme and whether you are eligible here:

https://www.gov.uk/guidance/family-mediation-voucher-scheme

However, if mediation for disputes involving children becomes compulsory, the Government plans to fund the process entirely, so there will be no charge to you. It’s considering whether to extend this to financial disputes also.

Benefits of mediation

So, why is mediation better than court for settling your family dispute? There are several reasons:

• Faster and cheaper – Resolving a dispute through the courts could take months (or years) and cost thousands in solicitors’ fees. Mediation takes much less time and is significantly more cost-effective

• You’re in control – In a court, the final settlement could be dictated to you by a judge. Mediation gives you more say in what happens to your children after the separation

• Better outcomes – In a court setting, there is often a winner and a loser. Mediation encourages compromise so both sides can walk away satisfied. Of course, this is also a better result for the children involved

• Less stress – It’s stressful for you (and your children) to go through a court case where many of your sensitive details may be laid out. Mediation aims to take the heat out of the situation

• A brighter future – Mediation is all about improving communication, so even after you have resolved your separation, you can carry on parenting together without acrimony 

Do you still need a solicitor?

Now you understand the benefits of mediation, you can see why it’s a great course of action if you’re going through a separation or divorce. However, it’s important to understand that a mediator is different from a solicitor, and one cannot replace the other.

At Couchman Hanson, we don’t offer mediation ourselves, although we recommend trusted family mediators to our clients. We also support and advise during the mediation process, as while the mediator has to remain impartial and cannot provide legal advice, we’re always on your side. As the agreements you make at mediation are not legally binding, we help by preparing the consent order to reinforce your arrangements. 

Find out more from Couchman Hanson

If you’re looking for advice or support as you separate or start mediation, or need assistance in formalising an agreement reached at mediation, it’s time to talk to Couchman Hanson.

At Couchman Hanson, our solicitors genuinely care about getting the best outcome for you. We’re highly professional, with ‘city’ level talent and experience, but also friendly and welcoming. Everything we do fits with our values of integrity, honesty and authenticity.

Call 01428 722189 or visit couchmanhanson.co.uk