What is family Mediation Week?
Family Mediation Week takes place in January each year, and this year will take place from 27-31st January 2025. The intention of Family Mediation Week is to raise awareness of mediation to deal with family matters, and the benefits that mediation can bring to separating families.
What is Mediation?
Mediation is a form of ‘Alternative Dispute Resolution’ (‘ADR’) or ‘Non-Court Dispute Resolution’ (‘NCDR’)/ The purpose of ADR/NCDR is to provide alternative ways of resolving disputes without the need to involve the Court.
At mediation, the parties involved will meet with a mediator, who is a neutral, third party. The mediator will help the parties to resolve any disagreements by facilitating discussions between them, allowing each party to set out their position, and encouraging the parties to work together to resolve these issues. For a separating family, this may be to deal with financial matters and/or arrangements for children.
If an agreement is reached at mediation, the aim is that this is then drawn up into a Parenting Agreement (if children matters have been discussed), or with the assistance of solicitors, a legally binding financial agreement (if financial arrangements arising out of separation have been discussed).
Why Choose Mediation?
In comparison to court proceedings, mediation is a less stressful, more cost-effective process and allows a resolution to be reached more quickly. Mediation also allows the parties to retain more control over the situation and to reach an agreement that works for both of them, as opposed to waiting for the court to make a decision that may not be what either of them wants. It can also improve communication, which will assist the parties moving forward.
When is Mediation not Suitable?
Mediation might not be suitable if you are a victim of domestic abuse. However, there are alternative methods of mediation such as shuttle mediation, which do not involve any direct contact between the parties. It is worth exploring with a mediator whether there is a way mediation can still work for you.
Other ADR Methods
There are a number of other methods of ADR, including arbitration, Early Neutral Evaluation, negotiation, Resolution Together (One Couple – One Lawyer), and collaborative law.
Even if mediation does not work for you, and you need to seek the assistance of a solicitor, this does not mean that you will necessarily need to make an application to court. A solicitor can still negotiate on your behalf.
You may benefit from instructing a solicitor trained in either collaborative law, or the ‘Resolution Together’ process.
Collaborative Law
With collaborative law, both you and your ex-partner must be represented by a solicitor that is trained in collaborative law. An agreement is signed at the beginning of the process, setting out the rules involved and agreeing that neither party will make an application to court unless the collaborative process is unsuccessful.
All discussions about reaching a settlement will take place at ‘round table’ meetings, where both parties will meet accompanied by both solicitors, with the aim of reaching an agreement that can then be drawn up into a legally binding agreement.
Resolution Together
‘Resolution Together’ was introduced by national family law organisation, Resolution, to enable one solicitor to work with both parties, rather than having separate legal representation. It is suitable for couples that are committed to working together, as amicably as possible, and whose joint aim is to reach a mutually beneficial outcome.
At Ellisons, our family team are committed to promoting ADR, including mediation, wherever suitable, and work alongside local mediators. Members of the team Sally Ward and Samantha Markham are trained in collaborative law, and Sally Ward and Samantha Chase are trained in Resolution Together.
For more information or to arrange an appointment with a member of our Family Team, please contact us on 01206 764477. The team can offer advice at one of our offices in Colchester, Chelmsford, Frinton-on-Sea, Ipswich or Bury St Edmunds, or by telephone or video appointment. We offer a free exploratory call so that we can match your specific needs with the right person in our family team.
