Family Mediation
In this article, Nicola Riseborough, our Head of Family Law, outlines the mediation process and explains how it works.
“In my experience, mediation is very often successful in enabling parties to gain insight and a fresh perspective on their situation. It has helped many clients shift away from trying to “win” and instead focus on what is truly in their family’s best interests. Mediation also allows clients to explore “out-of-the-box” solutions tailored to their individual circumstances—an opportunity that can easily be overlooked when the focus is primarily on formal legal procedures.”
Q: What is Family Mediation?
A: Family mediation helps parents and former partners reach practical agreements about children, finances, and property, with the guidance and support of an independent, accredited mediator. Rather than focusing on conflict, mediation encourages open discussion and problem-solving, helping families move forward without the stress and uncertainty of court proceedings.
Q: Is it confidential?
A: All mediation sessions are confidential and take place in a safe environment. Mediation can also be carried out online, giving individuals the option to participate separately and from the comfort of their own home. This flexibility can be especially helpful at what is often an emotionally challenging time. Importantly, mediation allows people to make decisions at their own pace and to remain in control of the outcome, rather than having decisions imposed by a judge.
Q: When do I need to start the process of mediation?
A: Mediation can take place at any stage and can run alongside independent legal advice, ensuring that participants feel informed and supported throughout the process. Where there are urgent issues or safeguarding concerns, court proceedings may be necessary, and appropriate guidance can be provided. However, many families find that mediation is a constructive and practical first step.
Q: Will I need to go to court if we can’t agree?
A: The courts actively encourage families to explore mediation and other non-court options before starting legal proceedings. In most cases, individuals are asked to attend a Mediation Information and Assessment Meeting (MIAM) before making certain court applications, unless an exemption applies. Recent changes to the rules have further reinforced the importance of considering mediation as part of the decision-making process.
While mediation is not compulsory, the courts do expect people to make genuine efforts to resolve disputes outside of court where possible. Choosing to engage in mediation can help reduce conflict, save time and costs, and support more positive long-term outcomes for the whole family.
We can help
Taking the first step can feel daunting. If you would like to discuss your situation or need guidance on resolving a family dispute in a confidential and supportive setting, we would be pleased to hear from you. Contact Nicola Riseborough for a free 30-minute consultation to explore how we can help.
