What's the best way to resolve a dispute? Most people are looking to find fair and constructive solutions whilst ensuring that they are protected. When a dispute involves a separating family, maintaining a functional relationship is often a shared priority and this is one of the reasons couples choose to mediate.
Why mediate?
Mediation provides the flexibility and fairness that is often needed to lead conversations towards a resolution that suits both you and your family. Mediators can provide legal information (but not legal advice), which provides a useful context for your discussion. They will help you to scrutinise your potential options to see what will likely work in the future, and will also let you know if your agreement is not one a court would likely sanction.
You have the option for mediation to take place online or in person. The separating couple and mediator can work together in the same space, or the mediator can move between the two in separate spaces. If separate spaces are more appropriate, you can choose to be on your own or have your solicitor present to support you. Financial advisors or pensions experts can also be involved to provide the necessary information for making informed decisions.
Families often use mediation for discussions around financial resolutions. In the first instance, you are each required to provide full financial disclosure, working together with the mediator to build a clear picture of your financial position and discuss your needs. The mediator will look at the various options for settlement to reach a solution that you are both willing to move forward with. Any financial agreement you reach must be approved by the court.
When it comes to child arrangements, providing there are no concerns for their safety and both parents agree, the court does not need any involvement in decisions relating to living arrangements, travel and schooling.
In mediation, you do not make binding agreements. Instead, you develop joint proposals to review with your solicitor to find a workable solution tailored to your unique situation.
Is mediation right for me?
Mediation is voluntary – nobody has to mediate. However, with courts increasingly encouraging people to find alternative solutions to their family dispute, mediation provides a private and often more collaborative process.
There is no 'right' way to separate. What's most important is that you understand your options and can choose the process that suits your needs. That's where we come in.
Divorce and family FAQS
Divorce and family law issues can be complex, but informed and tailored advice will guide you through the risks and requirements to arrive at the solution you are looking for. Here we provide answers to the questions our clients most frequently ask us.
Transcript
[Adele Pledger]
When you've made the difficult decision to separate or divorce, you're likely working through a lot of considerations about the implications arising from that. How do you tell the children? Where is everyone going to live? What will happen financially? What's the best way forward?
Family disputes are complicated. Maintaining a functional relationship, particularly where there's children, is often a shared priority. And that's one reason why people might decide to mediate.
[Thomas Kurland]
Mediation is essentially a supported conversation. A mediator will work with you and your separating partner and help you find your own solutions. They provide a safe and structured environment for you to have those conversations. And it's really an opportunity for you to both work together towards your future.
[Jennifer Dickson]
Mediation is a flexible process. And it can be designed to fit each couple's or each family's specific needs. Often it's used to negotiate finances or arrangements for children. But it can also be used to discuss discreet or bespoke issues like schooling or travel.
Mediators can't give legal advice, only legal information. And so it's really important that alongside mediation, you have a lawyer in the background who can give you advice and discuss any proposals with you.
[Thomas Kurland]
We can help you decide mediation is the right choice for you. We can discuss its advantages and disadvantages, and we can help guide you through the process if you decide to move forward with it, so you can make an informed decision at every stage of the process.
[Adele Pledger]
There's no right way to separate. There are many, many options, and it is critical that you understand each of these so that you can figure out what's the best path forward for you and your family.
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.
