During Family Mediation Week, starting on 27 January 2025, Laura Martin, Partner, Head of Family Law, and an accredited family mediator advises parents considering separation or divorce to opt for family mediation.
Separation or divorce can be incredibly stressful for families, particularly for children caught in the middle. Family mediation allows parents to engage in a more collaborative, less confrontational process. This is a constructive and practical approach to resolving disputes, avoiding the continuous and emotionally draining legal disputes often associated with these challenging situations.
During family mediation, parents can discuss and negotiate financial matters, spousal support, parenting arrangements, the children's living arrangements, and visitation schedules in a supportive environment. This is crucial for establishing a cooperative co-parenting relationship moving forward, which ultimately benefits the children.
Why January Matters for Families
In January, separations frequently increase as the stress highlights relationship challenges after holidays. The topic of effective separation strategies has attracted significant interest on social media, highlighting the growing need for accessible and efficient resolutions.
The Long-Term Benefits of Mediation
Mediation is effective during initial separations and when circumstances change, such as children growing older or financial situations shifting. This approach fosters communication and mutual agreement to ensure that families maintain flexibility and control over their futures.
Mediation for Children
Mediation benefits parents and prioritises children’s well-being. Mediators assist parents in creating shared child agreements, parenting plans, or discussing child arrangement orders, ensuring stability and continuity for children during and after separation.
How Family Mediation Can Help
The mediator plays a vital role in helping separating families handle challenging discussions and address difficult questions, such as:
- Parenting Arrangements: Where will the children live, and how can parents ensure they share meaningful and fair time with them?
- Financial Matters: How will property, assets, debts, and pensions be divided?
- Practical Concerns: What happens to shared responsibilities, like the family pet?
New Changes in Family Mediation Requirements
Following the UK government's 2024 consultation on Supporting Earlier Resolution of Private Family Law Arrangements, mediation is now required for all suitable family court cases, excluding those involving allegations or affected by domestic abuse. This legislative shift underscores the importance of resolving family disputes early, positioning mediation as the preferred approach.
Steps Involved in Family Mediation
Family mediation is a structured process designed to help families reach amicable agreements. The steps typically include:
- Initial Contact: The mediation process starts with contacting a family mediator, often through recommendations or directly via a law firm. You will then attend a Mediation Information and Assessment Meeting (MIAM) to determine if mediation is suitable for your situation.
- Mediation Sessions: These sessions are typically conducted in a neutral setting. The mediator guides the conversation to focus on solutions and facilitates discussions, helping parents reach mutually agreeable solutions. The mediator remains impartial.
- Exploring Options: The parties discuss and explore different solutions for resolving disputes. These may include parenting agreements, child arrangements, dealing with the division of the finances, or spousal support arrangements.
- Reaching Agreement: The mediator will document the agreement reached during the discussions. This can then be made legally binding through a Consent Order*.
- Next Steps: If mediation is unsuccessful, the mediator can issue a certificate when required, allowing the parties to take the matter to court.
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Family mediation allows parents to find tailored solutions to their unique situations. Unlike court proceedings, mediation keeps decision-making within the family while prioritising the children's best interests. It fosters collaboration, minimises confrontation and helps families move forward constructively.
How We Can Help
Our expert Family Law team is here to help you navigate the complexities of separation and find the right path for your family. By choosing family mediation, you can focus on the well-being of your loved ones while working towards solutions that benefit everyone involved. If you require assistance in family mediation, please contact Laura Martin on 01258 488216 or via email laura.martin@blanchardsbailey.co.uk
You can also visit our Mediation webpage for additional insights and resources on family mediation.
*Remark:
- A Consent Order is a legally binding document sealed by the court, recording an agreement reached during a divorce. It outlines how assets will be divided and may dismiss financial claims. It typically includes four sections: definitions, recitals, undertakings, and orders, varying in detail based on complexity.
Source of reference: The Family Mediation Council
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