You might think that in these situations, usually relating to divorce, court is the only way to get the dispute resolved. However, there is a crucial step to try before this, one that courts often insist on before they will hear your case.
The potential solution to your family issue could be mediation. Here’s a quick guide to what it is and how it could help your family.
How mediation works
Mediation essentially means intervention in a dispute by a third party in order to find a resolution. In plainer words, a trained and experienced professional mediator will sit down with you and your ex-partner to help work out your issues. It isn’t therapy or counselling, more of a managed and guided discussion where everyone is given the chance to have their say.
Professional mediators are neutral and unbiased. This means they don’t take anyone’s side; their main aim is to find a resolution to the dispute that everyone is happy with – or can at least agree to.
What to expect in a mediation session
When your family goes to a mediation session, you’ll meet your mediator in a safe, neutral space. If you aren’t comfortable in the same room as your ex-partner, you may be able to sit next door and the mediator will speak with you both separately. As you can imagine though, this ‘shuttle mediation’ process can take longer.
The mediator will guide the discussion to address the main issues you’ve been unable to agree on and to help you find common ground. You’ll both be encouraged to compromise if you cannot agree, to make progress towards a decision that you’re both happy to accept.
At the end of mediation, if you and your partner are able to reach an agreement, the mediator will create something like a ‘memorandum of understanding’ which sets out the agreement.
What can mediation help with?
Mediation is commonly used in divorce cases and can be helpful in resolving disputes over:
- Arrangements and maintenance payments for children
- Finances – for example, how assets will be divided
- Contact and access for grandparents, step-families or in-laws to children involved in divorce cases
- Issues relating to guardianship or parental responsibility.
Why choose mediation over court?
Mediation offers a number of major advantages compared to having your dispute heard in court. Firstly, it is much, much cheaper to attend mediation than a drawn-out court case, and much quicker too. It is also required as part of the legal process in some cases, where a judge may refuse to hear your case unless you’ve considered mediation.
Mediation is also far less stressful and upsetting than having sensitive issues discussed in court. It’s private, safe and aims to calm down any bad feeling – whereas legal proceedings can have the opposite effect.
Lastly, mediation gives all parties more control over the final decision, rather than having a judge decide what happens to your family.
Have questions about mediation? Give the Liverpool family law experts at Tracey Miller Family Law a call on 0151 515 3036 or 07795 060 211 and we’ll be happy to help.