Using mediation to deal with disputes is a safe and supportive option that can be far less stressful than issuing court proceedings.
During mediation sessions, you can resolve issues and reach an agreement in more constructive ways. This makes it a preferable route for you and your family. To learn more about the process and why it can be beneficial, please watch the explainer video from our family law Partner and Mediator, Claire Filer.
When can mediation be used?
Mediation can be used in a variety of ways at any time during a separation. It can even be used alongside or during a pause in court proceedings to explore whether an amicable resolution can be reached along the way. You’re not bound to one method or the other, and in most cases, it can be used to avoid court proceedings completely.
In most instances, mediation can be used, even in complex cases involving trust structures and businesses. During your MIAM (Mediation Information and Assessment Meeting), your case will be assessed to make sure mediation is suitable. Mediation may be unsuitable in a small number of cases, for example, where there’s an issue of abuse and the mediation can’t be carried out safely.
It’s important to remember that mediation is a completely voluntary process. It needs cooperation and participation from both sides to be most effective.
What are the benefits of mediation?
In comparison to court proceedings, there are several benefits when it comes to using mediation. These include:
- More cost effective – on average, mediation will be resolved quicker without the need for court proceedings. This incurs fewer fees for both parties, and costs will be split equally.
- Less stressful – separating couples can arrange the mediation on their own terms. You may decide to have the sessions face-to-face, or via video link with the mediator shuttling between you.
- Mediation is without prejudice – Anything discussed in mediation is completely confidential (except for specific things that your mediator will be able to tell you about) and won’t be referred to in court proceedings.
- Amicable decision making – professional mediators can facilitate conversations to truly understand and help your case in the most amicable way. The process generally results in an agreement being reached quicker and with less conflict.
Improving communication through mediation
Mediation is a great tool for improving communication. Through structured meetings, it gives both sides the opportunity to express their views and priorities and to find common ground and a solution. The mediation process is structured to allow a couple to really listen to the other person while being able to express what’s important to them in a neutral and supported environment.
Are you considering mediation? Call us for a free 30-minute consultation to discuss your options on 0370 1500 100. You can also visit our family mediation webpage to learn more about how we can support you throughout the process.