Family disputes can be emotionally draining, and finding a resolution that satisfies everyone involved is often challenging but Hampshire Mediation is here to help. Since its arrival, in the UK in the mid 1980s, family mediation has become an increasingly popular alternative to lengthy and costly court battles, offering a more amicable and collaborative approach to resolving issues. This article provides a comprehensive overview of the family mediation process as we practise it at Hampshire Mediation, exploring its benefits, how it works, and what to expect.
What is Family Mediation?
Family mediation is a process where an independent, professionally trained mediator helps family members discuss and resolve disputes. These disputes can range from divorce and separation issues to conflicts over child arrangements, financial matters, and property distribution. The mediator does not take sides or make decisions for the family but facilitates communication and helps them reach a mutually agreeable solution.
When is Mediation Used?
Mediation is often used in cases of:
- Divorce or separation: When couples decide to end their relationship, mediation can help them agree on issues such as child custody, property division, and financial support.
- Child arrangements: Disagreements about where children will live, how much time they will spend with each parent, and other related issues can be resolved through mediation.
- Financial disputes: Couples can use mediation to sort out financial issues, including maintenance payments, division of assets, and debt responsibilities.
- Extended family disputes: Mediation can also be useful in conflicts involving grandparents, step-parents, or other extended family members.
The Mediation Process
The mediation process typically involves several stages:
- Mediation Information and Assessment Meeting (MIAM):
- Before attending mediation, participants are asked to attend a MIAM. This meeting helps individuals understand what mediation involves and whether it is suitable for their situation.
- Attending a MIAM is a legal requirement before applying to court for many types of family law cases, although there are exceptions, such as cases involving domestic violence.
- Choosing a Mediator:
- Once the decision to mediate is made, the next step is to choose a qualified mediator. Mediators in the UK must be accredited by the Family Mediation Council (FMC).
- The mediator chosen must be impartial, meaning they do not take sides or make decisions for the parties involved.
- Mediation Sessions:
- During mediation sessions, the mediator will facilitate discussions between the parties.
- The process is flexible, and the number of sessions required varies depending on the complexity of the issues and the willingness of the parties to cooperate. T
- These days, most of Hampshire Mediation’s sessions are conducted online but arrangements can be made to meet in person.
- Reaching an Agreement:
- The goal of mediation is to reach a voluntary agreement that all parties can accept. The mediator helps clarify issues, explore options, and encourage compromise.
- Once an agreement is reached, it is documented in a ‘memorandum of understanding’. This document outlines the terms agreed upon and can be made legally binding if both parties choose to have it approved by a court.
- Legal Advice and Court Approval:
- Although mediators can provide general legal information, they do not give legal advice. It is recommended that each party seeks independent legal advice before finalising any agreement.
- If the agreement involves financial or child-related matters, it can be submitted to a court to be made into a legally binding consent order although with child arrangements there is an assumption against asking for an order if agreement has been reached.
Benefits of Family Mediation
- Cost-effective: Mediation is generally much cheaper than going to court, with much lower fees and costs.
- Faster resolution: Court cases can take months or even years to resolve, while mediation can be completed in a matter of a few weeks.
- Confidentiality: Mediation is a private process, and discussions are not disclosed to anyone outside the process.
- Control and Flexibility: Parties retain control over the outcome rather than having a decision imposed by a judge. The process is also more flexible, allowing for creative solutions that might not be possible in court.
- Preservation of Relationships: Mediation fosters communication and cooperation, which can be particularly important when children are involved, as it helps maintain a more amicable relationship between parents.
When Mediation May Not Be Suitable
While mediation is beneficial in many situations, it may not be appropriate in cases where:
- Domestic violence or abuse: If there is a history of domestic violence or abuse, mediation might not be safe or effective.
- Urgency: If an emergency court order is needed such as in cases of child abduction or severe financial distress, mediation might not be appropriate.
- Power imbalances: If there is a significant power imbalance between the parties, it may affect the fairness of the mediation process.
If you have any concerns along these lines, contact Hampshire Mediation and we will be happy to explore them with you and help you decide if mediation is appropriate.
Conclusion
Family mediation with Hampshire Mediation offers a practical, cost-effective, and less adversarial way to resolve family disputes. By focusing on collaboration and communication, mediation allows families to reach agreements that work for everyone involved. While it is not suitable for every situation, it is a valuable tool for many families seeking to resolve conflicts in a more amicable and controlled manner.
