Family Mediation Week 27 to 31 January 2025

Family mediation has become an increasingly preferred method for dispute resolution for families in turmoil. Family Mediation Week is an opportunity to raise awareness of family mediation and of the benefits it can bring to families.

Whilst mediation is not compulsory, if you wish to make an application to Court regarding a dispute surrounding children or finances, you will need to demonstrate that you have considered Non Court Dispute Resolution (NCDR) via a MIAM (Mediation Information and Assessment Meeting). Since the changes to the Family Procedure Rules in April 2024, couples are encouraged to use the NCDR process wherever possible to reduce the strain on the family court system.

Mediation is not appropriate in all cases however, where it is, the Court can penalise either party if they refuse to engage with the NCDR process by making Costs Orders against them. Typically mediation is not recommended when there’s a history of domestic violence including coercive control, poor communication, or significant financial complexity like hidden assets or high net worth divorce. In cases where one party dos not feel comfortable meeting face to face with the other party, they can consider whether ‘shuttle mediation’ is appropriate. This is where the parties do not meet face to face and instead the mediation acts as a “shuttle” between the parties, communicating with each side separately in different rooms or via telephone or videoing conferencing.

Where mediation is appropriate, the benefits are countless and include:

• Giving the parties more control over what decisions are made in relation to children, rather than applying to the Courts.
• Providing a less stressful way of dealing with sensitive matters.
• Improving communication and helping you to sort out future arrangements.
• Avoiding the conflict between parents, which is heightened during litigation.
• Resolving disputes via the mediation process is quicker and cheaper than traditional litigation.
• Mediation benefits from the principle of confidentiality.

As well as the traditional form of mediation, parties are also encouraged to consider hybrid mediation, where solicitors are actively involved in the mediation process rather than supporting it, and mediation with arbitration.

We can assist by helping you decide if mediation is appropriate for you and your family and if so, recommend reputable and successful family mediators in and around the local area. If mediation is successful, we can assist in formalising, where appropriate, any agreement reached at mediation to ensure the parties are legally bound by the agreement.

If you have any questions on mediation or any other form of Non Court Dispute Resolution, or require legal advice in respect of an ongoing family dispute, please contact Emma Rothstein or one of our other solicitors in the family team who would be happy to assist.