Since 2014, the courts have shown a preference for separating couples, particularly those with children, to have attempted Mediation before beginning proceedings. The rules have recently changed to ensure a greater focus is provided to Non-Court Dispute Resolution (NCDR), which includes Mediation. However, this shouldn’t be looked at as a ‘boxing-ticking’ exercise for clients or indeed, their family solicitors.
Mediation should be welcomed as an alternative method of reaching an agreement that comes with many benefits for the separating parties and their families.
At Lamb Brooks, if one of our expert Family Lawyers is referring a client for Mediation, it is because we have carefully assessed their case and believe that this is the best method for both parties to reach an agreement. We promote methods that aim to find a resolution quickly and in a way that reduces stress.
Clients should attend Mediation with an open mind and a willingness to reach an agreement that suits both parties, and this could mean making some compromises. If the overarching goal is to reach an agreement on finances, children's arrangements, or property, then both parties must be prepared, be flexible, and discuss the issues calmly to reach an agreement that both are comfortable with. It is important to remember that couples who are separating or divorcing are very unlikely to agree on everything, but if children are involved, it is important to ensure that they form the focus point, and both parties find ways to move forward for their sake.
Of course, there are some circumstances where Mediation is not a viable route, for example, when one party refuses to take part or the Mediation breaks down. In this instance, an Accredited Mediator can sign a MIAMs certificate allowing the case to be brought in front of a court.
As Family Lawyers, we have a duty to our clients to ensure they understand all options available to them and that we are giving them unbiased advice to help them navigate their separation. It is in our client’s best interests to reach an agreement outside of the courtroom, if possible, as Mediation is proven to reduce stress, save time, and be a cost-effective method. All families can benefit from parents who can communicate and co-parent effectively after their separation, so this is usually our preferred route, depending on the circumstances of the individual client.
As trained Mediators, we want to be able to assist clients rather than fill in a form and wave them off to court. The benefits of Mediation are so valuable to couples who want to separate with dignity or continue to raise a family from separate houses. That’s why we champion the use of conflict-reducing methods such as Mediation at Lamb Brooks.
If Mediation sounds like something that you could benefit from – whether it is to formally separate, discuss children’s arrangements, or organise finances and property, then please get in touch with our friendly Family Law Solicitors on 01256 305 594. Sarah Healy, our Mediator, will happily talk you through the process, explain the costs, and confirm availability for an appointment.