Why separating couples are being urged to consider mediation

Are you currently separating from your partner or in a dispute over child arrangements? Has your situation resulted in an application to the family court?

If so, you may have received a letter from the Ministry of Justice suggesting that you consider mediation over court proceedings. Upon receiving this letter, we urge you not to disregard it, as taking the advice disclosed within could save you time, stress and money. However, it is important to note that mediation will not be the right fit for your case if it includes child protection concerns, a power imbalance and/or allegations of abuse.

If your case does not include child protection concerns, a power imbalance and/or allegations of abuse, and you are still unsure as to whether family mediation will be a better fit for you than family court proceedings, check out the clear list of pros and cons below.

Family mediation pros:

• Collaborative and communicative: A trained family mediator will speak to all parties, encouraging collaboration and communication to reach the most beneficial agreement for all, even when one or more party is sceptical of the process. Through this method, relationships are more likely to be saved or rebuilt.

• Nuanced outcomes: An agreement reached through mediation is more likely to take into account the specific nuances of a case, whereas in court final decisions are made by a judge based on laws and legal precedents.

• Child-inclusive: Some family mediators are child-inclusive, meaning they are trained to speak to any child(ren) involved in the dispute and will take their wants, needs and opinions into account when drawing up an agreement.

• Cost-effective: Court cases often take longer to resolve than mediation, and there are usually more associated costs.

• Enforceable agreements: If you worry that an agreement reached through mediation may be hard to enforce, a ‘consent order’ can be obtained from your local court that will formalise the agreement.
  
  

Family mediation cons:

• Not suitable for all cases: As mentioned above, family mediation is not suitable for cases that include child protection concerns, allegations of abuse, a power imbalance or one party that refuses to be involved.

• Agreements not automatically court-ordered: While ‘consent orders’ can be applied for after an agreement is reached through family mediation, this does not happen automatically and does require proactivity from the parties involved.

• No right to request information: In formal court proceedings, each party has a right to request and obtain information from the other – this does not extend to family mediation. If there is any doubt in your mind that all parties will be completely open and honest, mediation is not right for your case.

• No judge: A family mediator is not a judge, they can listen to all parties and provide information about the law, but they cannot present rulings. If you think the presence of a judge will be important in your case, mediation is not the right pathway.

If, after reading the letter from the Ministry of Justice and the above pros and cons, you would like to discuss mediation further or instruct one of Stone King’s family mediators, contact the Family Mediation Team.