Family Mediation

How does it work 

Family mediation is a process of assisted negotiation, where an independent mediator helps couples resolve issues. It is a voluntary, confidential process that involves a neutral, third-party mediator who helps families resolve disputes and reach agreements outside of court. The mediator does not take sides or make decisions for the family, but rather assists them in finding a common ground and negotiating a mutually acceptable outcome. 

If you are facing a family dispute, our experienced family mediator, Ian Walker, can help you reach an agreement in an amicable and respectful manner. We specialise in mediation for family matters including divorce, financial cases, and complex children disputes. 

Mediation is a flexible process that we adapt to best serve our clients’ needs. We offer a range of mediation services including: 

  • Child Inclusive Mediation: our goal is to ensure that the voices of older children are heard and considered during the mediation process. 
  • Integrated Mediation: we collaborate with other professionals to help develop various options and solutions. 
  • Solicitor Inclusive Mediation: this involves providing support and guidance to clients with legal representation throughout the mediation process. 
  • Online Mediation: we conduct the entire mediation process remotely using Microsoft Teams, allowing clients to participate from the comfort of a location of their choice. 
  • Shuttle Mediation: even if parties in dispute are not physically present in the same room during the mediation meeting, the mediator will facilitate communication and help them reach an agreement. 

We can also work with arbitrators to offer Med-Arb, where the arbitrator will determine any matters which cannot be resolved in the mediation. 

How We Can Help 

As Solicitors who offer neutral mediation, we believe that we are best placed to protect the integrity of the mediation process, having a deep understanding of the importance of confidentiality and neutrality. We are also acutely aware of both adult and child safeguarding and will tailor and facilitate the process to ensure that meetings are focused and that both clients can confidently and safely express their views. We help couples to concentrate on the issues, listen to each other, and make informed decisions.  

A Mediator can provide information to assist clients on a neutral basis. When the mediator is also a solicitor, the couple can have confidence that they are receiving good and informed information that will help them to find a mutually acceptable solution. 

When we represent clients as solicitors and determine that they would benefit from alternative mediation services, we will refer them exclusively to mediators with a strong legal background. This ensures that our clients receive the specialist knowledge they need during the mediation process. 

Ian Walker is a very experienced mediator, having trained in 1996 and is accredited by the Family Mediation Council and the Law Society. He is also a Child Law Arbitrator with the Institute of Family Law Arbitrators. Ian’s experience also includes having served as a Trustee of the Family Mediators Association. 

In financial cases, to make agreements binding there still needs to be a Court Order approved by a Judge. After a financial family mediation has concluded, our mediators can then prepare the financial order if instructed by both clients as a solicitor to act on a neutral basis. 

Contact the team to schedule a consultation. 

Couples who are separating amicably might also wish to consider Resolution Together as an alternative to mediation.  

FAQs

How long can family mediation take?

How long family mediation takes can vary based on a number of different reasons, incuding how complex the case is and how willing each party is to cooperate. Simple disputes can often be resolved in one to three sessions, while more complex cases can several months to resolve. Each session typically lasts around one to two hours. Sessions will be spaced out to best fit both parties involved.

What is the success rate of family mediation?

Family mediation generally has a 70-80% success rate in cases, with studies suggesting that most people reach an agreement within this process. How successful family mediation is often depends on the willingness of both parties to communicate and compromise on issues. Mediation tends to work best when both parents are committed to finding solutions in the best interests of everyone involved.

Can you go straight to family court with mediation?

Yes, you can go directly to family court. This usually happen if more urgent legal decisions are needed. Courts may still encourage parties to consider mediation first before going through the court proceedings. Mediation is not mandatory, but it provides as route that can reduce stress, save expenses and have more control over the process. However, in some cases, family court me be the only available route.

What are the risks of using mediation to resolve family disputes?

While mediation is a generally positive process, there are some risks. The main one being the one party may dominate proceedings hoping to gain an advantage over the other. Additionally, there may be instances where agreements have been reached but cannot be enforced without the input of a court order. Mediation may not be effective in cases involving domestic abuse, or serious conflict, as these additional complexities add some complication to the process.

What kind of questions do family mediators ask?

Family mediators ask questions to understand the situation, the main issues, and the needs any children involved. They may ask about child arrangements, finances and communication between parents. Mediators also explore each party’s priorities, goals, and how willing they are to compromise within the process. The aim is to help parents identify solutions that work for everyone while ensuring their child’s welfare is a top priority.

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