Simon Hawkins Associate Solicitor and , an experienced mediator at WSP Solicitors, shares his insights on how mediation can provide a supportive, family-focused way to navigate parenting and child arrangement disputes during a relationship breakdown. It's an emotional and challenging time for everyone involved, especially the children, who may feel anxious and unsettled. Mediation offers a compassionate and efficient approach to resolving these issues while prioritising the needs of the whole family.
Cafcass (Children and Family Court Advisory and Support Service) has succinctly outlined the benefits of using family mediation when it comes to separating couples resolving disputes surrounding their children. Cafcass has said:
"Mediators can help you find a solution to your disagreements, plan for the future, and agree on what will work best for you and your child without having to go through the court process. Mediation provides you with the space and time to think about what is important for your child, for you, and the whole family."
As can be seen from that short statement above, there are many benefits to using mediation to resolve disputes involving children. Mediation can be a great method for resolving disputes and ensuring that the proposal you agree upon puts your children's interests at the centre of any solution.
Below is a simple guide to resolving an issue regarding children at mediation:
Step 1: Understanding the purpose of a MIAM and your first step in mediation
This is a one-on-one meeting with the mediator. The aim of the MIAM is:
- To ensure mediation is appropriate for your situation
- To help you understand the process
- For you to explain your situation to the mediator and for them to gather information
- For you to identify what is important to you and what you are seeking to achieve
Step 2: How joint mediation meetings work to resolve family issues
Following the MIAM, you will then have a further joint meeting or meetings, which will be facilitated by the mediator.
These meetings will help identify:
- What is important to you and your family
- What issues are agreed upon and what issues need further discussion
You and your ex-partner can then, with the help of the mediator, work towards reaching a solution that works best for your family.
Step 3: Ensuring practical solutions for co-parenting agreements
It is important that any solution is checked to make sure that it will work when put into practice.
Often, when couples separate, they both want to remain heavily involved in parenting the children. This can be achieved, but for the agreement to work now and in the future, it is important to consider the reality and logistics of the busy lives each leads.
Step 4: Finalising parenting agreements through child mediation
At the end of a successful mediation process, you will have agreed on a way forward to care for your children. Your mediator will then draft this proposal into a parenting agreement/plan, which both parents will sign up to and follow.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
