The Meaning of ‘Mediation’

Mediation is a confidential process which, in family law, is a negotiation between families that is managed by specially trained mediators rather than judges. The mediator leads the process without passing judgement on the circumstances by acting as a neutral third party. Within their role, mediators cannot give legal advice to the parties involved, they can only provide information about the relevant law.

The Benefits of Family Mediation

Participating in litigation can be a ‘rabbit in the headlights’ experience for those who are unfamiliar with the court process. Therefore, within family law, alternative ways of resolving issues, such as mediation, can be a more beneficial option. This is because mediation can offer:

• To improve relationships and communication between parties
• A more relaxing and informal way of dealing with issues
• An easier way to alter agreements than through litigation
• In emotional and financial terms, a less lengthy and costly process

Where Mediation Can’t be Used

Mediation cannot be used in circumstances where:

• The case involves Domestic Abuse
• The cases circumstances are a matter of urgency
• Mediation has been attempted in the last four months
• The applicant does not have adequate contact details for the respondent

The Mediation Process

The first meeting is The Mediation Information and Assessment Meeting (MIAM). This is a required meeting for mediation and both families must attend however, they don’t have to attend on the same occasion. It is here that the issues within the case are assessed to determine if they can be resolved without going to court.

If the issues can be resolved through mediation, the mediator will supervise and administrate the process, gain an overall understanding of the issues between the parties, suggest steps to reach an agreement on the relevant issues and encourage the families to consider matters such as what is best for the involved children. The overall aim of the mediation process, it to reach a lasting agreement between the parties.

If an Agreement Can’t be Reached

The dispute may proceed to the court process if an agreement cannot be reached, mediation fails, or the mediator believes the attempt at mediation is in-effective.

So that the case can continue to the litigation process, the mediator must sign and confirm on the application form, that mediation was attempted by both parties but was unsuccessful. However, if the families would rather avoid court there are other options you could try such as family arbitration or collaborative law. If an agreement cannot be reached through mediation, talking to a solicitor may be beneficial, as they will provide advice on what subsequent steps to take.

Contact Us

If you are considering the best option to resolve your family dispute and wish to speak to a solicitor, our Family Lawyers are based in Wolverhampton and Cradley Heath and serve client across the West Midlands. If you complete our online enquiry form, a member of our team will contact you for an initial discussion or please call 01902 328 355.