The words family mediation are used both in the media and by lawyers on a regular basis, however a lot of people are under the misconception that it is a process which people attend to try and reconcile their marriage or relationship and is often the reason why people do not wish to engage in the mediation process.
Mediation is actually a method of Alternative Dispute Resolution (ADR) to encourage parties in a dispute to discuss and resolve their issues outside of Court.
During the majority of family proceedings, it is a requirement to attend a Mediation Information Assessment Meeting (MIAM). The purpose of the MIAM is to determine whether mediation could be used to resolve the parties difficulties, rather than going to Court. An initial MIAMS meeting is used to assess whether a party is suitable for mediation and whether the process should be embarked upon by both parties. Each party to a dispute has a MIAMS session with a trained mediator on their own. Once the mediator has seen both parties, the mediator will inform them both as to whether their case is suitable for Mediation or not.
President of the Family Division, Sir Andrew McFarlane, recently also questioned how well parents understood the term ‘mediation’ at this year’s Family Mediation Association Conference. McFarlane commented, ‘mediation’ is understood by the parent in the street. I suspect that for some it is confused with conciliation, and then reconciliation or even marriage guidance. It may sound, to parents who may be angry, hurt and heavily defended, as altogether too soft an option for them at that time. For others, mediation may be perceived simply as a “hurdle to jump” before getting to court, and not as a serious route to a sustainable solution in its own right.
‘I may be wrong, but I suspect that I am not alone. If I am right, the message of what you are offering is either not getting out there or it is the wrong message. What mediation offers is a structured and safe environment in which those in dispute can discuss and hopefully resolve their problems. It is professional help with problem-solving. I feel that “Family Mediation” needs a strap line that sits, in bigger font, above the word “mediation” along the lines of “Need to resolve problems with your Ex? Don’t go to court, call FMA – we can help you both work out a way forward on your own terms.”
The Government are strong advocates of mediation, to assist in reducing the number of civil disputes reaching the Courtroom and saving both the Court’s time and parties legal costs. When utilised appropriately and undertaken with the correct cases, mediation is a sound method of allowing parents to discuss future arrangements for their family in a safe and confidential environment – without the stressful Court proceedings.
The family team at Ramsdens are keen to promote mediation to clients who would benefit from the process as opposed to litigating through the courts which is both stressful and expensive to a client. The expert family solicitors in the team can continue to guide and advise a client as to their options (running alongside mediation) to ensure that a fair outcome is achieved for all parties
If you or your family require assistance and advice with regards to your rights and protections as a parent, our experienced family team are here to assist. Call our family helpline on 08000 147720 or send us an email to book a free information session at any of our offices. We also offer early morning and late evening appointments across our offices.