Mediation – A Great Alternative to Court
Written by Caoimhe Skyes, Solicitor, Family Law and Grace Armstrong, Associate Solicitor, Court of Protection
Earlier this month during Family Mediation Week, the Family Mediation Council has been running a series of online webinars. These are to support separating couples who’d like to learn more about mediation and how they can build a positive future for their families.
Family Mediation Week aims to raise awareness of the benefits of mediation and how it can be a great alternative to family court proceedings.
Many separating couples would like a fair outcome and a friendship on the other side. With the arrival of ‘no fault divorce’ in April, family practitioners are hopeful that the focus on amicable separation continues. With this in mind, mediation is becoming a very popular alternative to court proceedings and is one of the most common forms of alternative dispute resolution.
Mediation is the process through which a separating couple meet with a trained mediator (who may or may not be a family lawyer) to discuss the issues arising out of their separation. This includes financial issues and arrangements for children. The mediator is an independent third party. The aim of the mediator is to sit down with the separating couple to explore the issues, and facilitate them reaching a settlement which works for their family.
Mediation is a fantastic way for separating couples to keep an open dialogue with one another regarding the issues they face. It often results in settlements that are reached more quickly, are more cost effective and less emotionally volatile than those handed down by the family Courts. It’s far more difficult to maintain an amicable relationship with a former partner following court proceedings, than when matters have been resolved through mediation.
It’d always best to speak with a family lawyer before you decide which route is best for you. A good family lawyer will not dissuade you from engaging in mediation if it’s a suitable method for you both – which more often than not it is. They’ll advise you of your legal position and explain the law to you so that you can enter into the mediation prepared and with the best understanding of what can be compromised and negotiated on, to reach the fair outcome you desire.
Our Family Mediation Support team are here to help.
