Family Mediation Week is an opportunity to raise awareness of family mediation and of the benefits it can bring to separating families. At Stephens Scown we support Family Mediation Week and are keen to promote mediation as a tool for clients in order to resolve their disputes amicably, quickly and cost effectively, alongside achieving satisfactory and sensible outcomes. This article focuses on solicitor-led mediation and how we can assist you.
Whilst traditional family mediation is a common route for divorcing couples, it is not always a suitable method where there are power imbalances or high levels of conflict between you and your ex-partner.
Solicitor-assisted mediation
Solicitor-assisted mediation is a type of family mediation that allows for your solicitors to be involved in the process. This process allows a divorcing couple and their solicitors to meet with a qualified family mediator to discuss potential settlements outside of a Court setting.
The key differences between conventional family mediation and solicitor-assisted mediation are as follows:
- You do not need to sit in the same room as your ex-partner during the session. Solicitor-assisted mediation allows you to sit in separate rooms, allowing a joint discussion to take place through the mediator.
- The separation will allow the mediator to phrase comments in a more neutral way when passing on information, which may allow for focused discussions and proposals to take place.
- Solicitor-assisted mediation allows your solicitor to provide you with legal advice and support throughout the process.
What can be discussed at solicitor led mediation?
Solicitor‑led mediation can cover a wide range of issues to help separating couples reach practical agreements. This includes arrangements for the children, such as where they live, how they spend time with each parent, and plans for holidays or communication. It can also deal with financial matters, including how to divide the family home, savings, investments, personal belongings and any existing debts. Mediation can help parents agree on child maintenance, and, where relevant, discuss whether spousal maintenance is appropriate. It also provides a space to plan for future parenting decisions, such as schooling, health needs and other aspects of the children’s upbringing.
The process
Before you undertake a solicitor-assisted mediation, you and your spouse will need to separately attend a confidential meeting known as a Mediation Information and Assessment Meeting (shortened to “MIAM”) where the mediator will explain the mediation process, determine its suitability in your circumstances and obtain some background and the issues that are involved. The mediator may then have a meeting with your respective solicitors to discuss their role in supporting the mediation meetings and the overall process. Following these initial meetings, the solicitor-assisted mediation can be scheduled.
A solicitor-assisted mediation will typically take place over a full day or half a day – in some cases there can be a series of meetings over time. The benefit of a solicitor-assisted mediation is that the solicitors will prepare and produce any factual or financial information and briefings for the mediator to consider in advance of the mediation.
The solicitor-assisted mediation is an incredibly flexible process – your solicitor can be involved in the entire meeting, or they can assist in certain aspects. In addition to your solicitor attending, experts can also be involved with the process. For example, an independent financial advisor or accountant may attend so that they are on hand to answer any questions that may arise on the day.
The benefits
There are many benefits of selecting a solicitor-attend mediation process:
- As discussed above, your solicitor will prepare the documentation for the mediator to consider in advance of the mediation.
- There is more certainty of any outcome as you will each have solicitors to advise during the meeting.
- It allows you to confidentially explore the options available for settlement with the mediator.
- It enables people that might not feel comfortable or safe to mediate directly with their ex-partner to have the support of a solicitor present to assist.
- The solicitors can prepare any agreement into a court order. This allows the proposals to be formalised and sent to the court for approval.
- It is a cost-effective process which can allow the matter to be resolved in one day – this significantly reduces stress levels and the potential costs of any elongated correspondence and litigation.
- It is helpful in legally complex cases.
Solicitor assisted mediation should be considered in the following circumstances:
- Where separate solicitor supported meetings would be beneficial to the parties.
- Where the issues in the case are legally complex.
- Where there are high levels of conflict between the parties.
- Where there are concerns of domestic abuse or any other reason why either person may find it hard to have a voice.
If you’d like to discuss family solicitor-assisted mediation our highly experienced Family Law team can help you speak to us by calling 0345 450 5558 or by emailing enquiries@stephens-scown.co.uk.