Finding a More Peaceful Way to Resolve Family Disputes
Most people think of separation as a very high-conflict situation that ends with a bitter court battle. It is true that litigation, the traditional method of resolving separation, often proceeds this way. There is, however, a method that helps couples avoid much of the anger and resentment associated with a traditional separation.
That method is called mediation. Mediation gives the individuals control over their own separation, rather than turning everything over to a judge. With the assistance of a neutral mediator, the couple can explore and discuss issues and come to a resolution that suits both of them. The Family Law Department at Rollingsons Solicitors Ltd offers mediation services to couples in England, Wales and throughout the UK.
Our mediation service can also be conducted in French.
Our London solicitors are trained as mediators and are skilled at facilitating dialogue and negotiations. We do not provide legal advice when acting as mediators. Rather, we suggest possible resolutions to issues and then prepare settlement documents for the couple, who can then take the agreement to their respective solicitors for finalisation.
Understanding the Mediation Process
Mediation begins with each couple independently attending an initial interview to ascertain if mediation is appropriate. One spouse or the other may be unsure about whether mediation is right for him or her, so questions will be raised and concerns addressed. If the couple agrees to participate in mediation, the mediator will let the couple know what to expect. Further meetings will be scheduled and the couple may work on communication issues, renew arrangements for the children, exchange financial information and consider their options.
If the couple reaches a settlement, then the mediator will draft documents outlining the agreement. Each spouse will take those documents to his or her respective solicitor, who can submit it to the court for final approval. If a settlement is not reached, then the matter goes to court. Mediation discussions, with the exception of financial disclosures, cannot be discussed in court.
The Importance of Independent Advice
An integral part of family mediation is the requirement that each party seeks independent advice on issues as they are being dealt with. Possible advisors include mortgage brokers, if there is a possibility of getting/transferring a mortgage, financial advisers who can give advice on the transfer/sharing of pensions, a conveyance in relation to the sale/transfer of the family home and, of course, a solicitor.
Mediation Information and Assessment Meetings (MIAMs)
As of the 6th April 2011, most people making an application about money or children to the Court will have to meet with a mediator and consider whether their case is suitable for mediation. The meeting is called a Mediation Information and Assessment Meeting (MIAM). This does not apply to the divorce process, which can be initiated regardless.
At the meeting, the mediator will discuss the process and see whether both spouses are prepared to go through with mediation. If the answer is no, the mediator will sign a document confirming the couple's attendance and allowing the couple to go to court. If the answer is yes, then the couple can continue with that mediator or choose a different one.
Contact a London Family Mediator
If you would like to discuss mediation further, or if you are a professional considering referring a couple for mediation services, call Melanie Bataillard-Samuel directly on 0808 159 5250 or contact our law firm online.
