Family court isn’t always the first step after a separation.
In fact, one of the things that surprises many people is that they may be expected to consider mediation before making a court application.
That doesn’t mean being forced into an agreement or being told to compromise on something important. Mediation simply gives both people the opportunity to see whether matters can be resolved with the help of an independent professional before asking a judge to become involved.
For some families, it can save a considerable amount of time, stress and expense. For others, it helps narrow down the issues even if a court application is eventually needed.
What Is Mediation?
At its heart, mediation is a conversation.
An independent mediator works with both parties to help them discuss the issues they need to resolve following separation. This could involve arrangements for children, financial matters or other practical issues arising from the breakdown of a relationship.
The mediator doesn’t decide who’s right or wrong. They don’t make decisions on anyone’s behalf and they don’t take sides.
Their role is to help keep discussions productive and focused on finding solutions.
Why Is Mediation Encouraged?
Judges generally recognise that people are often better placed to make decisions about their own family than a court is.
After all, no one understands the day-to-day realities of a family’s circumstances better than the people living them.
Where an agreement can be reached through mediation, it often gives both parties greater control over the outcome. It can also help preserve communication, which is particularly important where children are involved and parents will continue to co-parent long after the legal process has ended.
Many people also find mediation less confrontational than formal court proceedings.
Does Mediation Work?
Every situation is different, but mediation can be highly effective when both parties are willing to engage with the process.
Even where complete agreement isn’t reached, mediation can often help identify the issues that really matter and reduce the areas of dispute.
That can make any future negotiations, or court proceedings, far more focused and manageable.
Is Mediation Right For Everyone?
Not always.
People sometimes hear the word “mediation” and assume it’s something they have to do before they can take matters any further. The reality is a little more nuanced than that.
There are situations where mediation simply isn’t the right fit. For instance, mediation may not be suitable where there has been domestic abuse, where there are concerns about a child’s welfare, or where a matter needs urgent intervention from the court.
That’s why mediation isn’t treated as a one-size-fits-all solution.
Before any sessions take place, a mediator will usually speak to each person individually to understand the background and decide whether the process is suitable. If it isn’t, there are circumstances where a court application can proceed without mediation.
The key point is that mediation is there to help where it can. Where it isn’t appropriate, other options are available.
Looking Beyond Court
Most people don’t come to us because they want to end up in court.
Usually, they just want to sort things out and get some clarity about what happens next.
For some families, mediation can help with that. It gives both people the chance to sit down, talk things through and see whether an agreement can be reached before taking things any further.
It doesn’t work in every situation, and it isn’t suitable for everyone. But when it does work, it can save a lot of stress and uncertainty.
At Lund Bennett Law, we regularly speak to people who aren’t sure where to start. If you’re weighing up your options after a separation and would like to talk things through, we’re always happy to have a conversation.