It’s Family Mediation Week 2024!
More and more we see separated couples using Mediation as a “golden ticket” to enable a Court application. However we want to highlight the importance of the use of Alternative Dispute Resolution tools which can lead parties to a more amicable way of working together without the need for expensive and lengthy Court proceedings.
What is mediation?
Mediation is a process that separated couples and parents attend with an independent and trained mediator to navigate arrangements for children and hopefully reach an agreement regarding any financial matters which arise as a result of the separation.
Mediation can be a useful tool to assist parties in their communication. You are in a neutral environment. Unlike both parties instructing a solicitor, the mediator is a neutral party and there to assist you both.
Mediation in Financial Matters
Separated couples are often referred to mediation to try and reach an amicable agreement regarding their finances. This can be in relation to a jointly owned home, pensions, savings and any possible maintenance.
In divorce proceedings, if an agreement is reached in mediation, this will then be drawn into a Statement of Information form (D81) and Consent Order to be submitted to the Court to make the agreement legally binding. If agreement cannot be reached in mediation, parties will then be provided with a MIAM form from the mediator which allows you to make an application to the Court. This form shows the Court that the parties have attempted to resolve any disputes and that this has broken down.
For unmarried couples, if an agreement is reached, a solicitor can draw up a Separation Agreement which will then be signed by both parties.
Mediation in Children Matters
Since April 2014, the Court has required separated parents to attend a Mediation Information Assessment Meeting prior to an application being made. There are of course certain exemptions from parties attending mediation, and a solicitor can advise you if any of these criteria apply to your matter.
CAFCASS have introduced a parenting plan which both parties can complete and take to a mediation appointment and discuss together.
Mediation can be a useful tool for separated parents as fundamentally both parents simply want what is best for the child(ren). The Court does not wish to see parents repeatedly return to Court over arrangements for the child(ren) as this can become detrimental to their emotional wellbeing. Repeat proceedings can result in the Court making a Section 91(14) Order which means that future applications will require permission from the Court to proceed.
Our Family Law Services
Our specialist Family Law team appreciate that the breakdown of any family relationship is always very stressful and difficult. Every family is different and we provide help and support, tailored to suit individual needs and circumstances. The team focus on providing advice that is sensitive, practical and affordable. Our legal professionals strive to minimise ill-feeling and conflict to enable a constructive and positive settlement to be reached.
Good advice is always based on a thorough understanding of a family’s circumstances. Our team will listen to your concerns and worries, reach an understanding of what it is you want to achieve and deliver effective and concise advice to decide the best way forward.
To arrange an appointment, please contact us on 01603 666001 or email enquiries@rogers-norton.co.uk
*This article is provided for general information purposes only and does not constitute legal or any other professional advice.