Making Mediation Meaningful

If you are separating from your partner, either as a married couple or cohabitee, you may have considered or even accessed already, the services of a mediator to help you with arrangements for the children and/or sharing finances.

Family lawyers will steer you towards mediation as an alternative to court proceedings, because resolving children and finance matters out of court is always preferable both for costs reasons and minimising the stress of relationship breakdown.

You need to make the most out of mediation though.  Some participants see it merely as a passport to starting court proceedings, as you have to have attended a ‘MIAM’ (Mediation Information and Assessment Meeting) and receive the form confirming this, before you can make any application to court in family proceedings.  Legal reforms are presently under discussion with a view to giving more significance to mediation, possibly by making it obligatory before litigation is considered and for courts to direct the parties to engage in mediation if a case has made it to a first hearing in a children or finance case.

So if you are considering or are already engaged in mediation, do your best to make it work if at all possible.  You don’t have to come into contact with your other half, sessions can take place by shuttle as well as remotely and you can consult with your solicitor at any stage if you need legal advice along the way.

A specialist family lawyer can give you full information about the process and benefits of mediation.

Wednesday, July 19th, 2023 Divorce, Mediation