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Friday, January 22, 2021
What is Family Mediation?
Family mediation is a process that resolves disputes involving children and/or financial issues following separation. The sessions are led by a fully trained, independent mediator who is neutral and will not take either side.
What is the role of the Mediator?
The role of the mediator is to facilitate discussions and find a solution that works for both parties by breaking down the issues and working through them with both clients. The mediator will not offer any legal advice but will suggest practical steps that can be agreed upon. Once an agreement is reached, it can then be made legally binding.
What is the Mediation Procedure?
There will be an initial assessment of both people separately to determine if mediation is suitable for the case. If it is, there will be a joint session where the negotiations and discussion will take place. You do not have to sit in the same room if you do not want to. The mediator can go back and forwards between you. On average it takes 2 – 3 sessions to work through the issues.
What are the benefits of mediation?
It lets the family remain in control of what happens, it is quicker, cheaper, and less stressful than going to court and helps everyone involved to move on to the next stage of their lives.
Is Mediation suitable for me?
Very few cases are not suitable for mediation. If there is serious domestic abuse involved, it is unlikely that mediation will be the suitable option.
How much will it cost?
Although it is not free, it is cheaper and quicker than going to court. Here at Samuel Phillips Law, we charge £150 plus VAT for the initial individual session and then £250 plus VAT each for every joint session thereafter.
Do I need legal advice?
You are entitled to seek independent legal advice before and after your mediation sessions.
What if I want to go to court instead?
You do not have to go to mediation, however if you go to court you will usually first have to prove that you have been to a mediation information and assessment meeting (MIAM).
What if the other party will not attend mediation?
Unfortunately, mediation can only work if both parties agree to it. If the other person involved won’t initially agree to attend mediation, you could try asking them to attend an appointment on their own to start with. They will then find out how it works and the benefits that come with it and can then make an informed decision.
Written by Jennifer Goldstein, Senior Consultant – Private and Public Family Law
Jenny is a Senior Consultant and one of the leading Family Lawyers in the North East, with over 30 years post qualification specialist experience across all areas of Family Law.
