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Family Mediation: A Free Choice….. Still- And Often A Good One

Reasons to choose Wilson Browne

So, for the present, the Government has ruled out compulsory mediation in family cases. 

As a result those wanting to apply to the Courts to sort out finances within their divorce proceedings, or seeking to set out arrangements for their children in an Order, will still only have to attend a Mediation Information and Assessment Meeting (MIAM).  This is subject to certain exemptions, primarily around domestic abuse.

Is this a good thing?

The Court system is in a dire state with backlogs and delays resulting in a final trial hearing taking a substantial period of time to reach, with the accompanying significant costs.

Alternatives are necessary – and in so many cases beneficial – as a means of achieving a resolution.

Mediation has the potential to be a positive means of “reaching” a settlement/agreement, rather than having one imposed, and it can be achieved within a much more restricted timescale, and at a substantially reduced cost.

However, mediation – whether in person or remotely – needs to be a safe space in which each person’s views and proposals can be heard and respected.  A decision to choose mediation over other resolution options provides a positive environment to work towards an agreed settlement or arrangement.

If you want to learn more about mediation / MIAM’s as a means of resolving issues involving:

  • Financial issues arising from a relationship breakdown (either marriage or cohabitation); or
  • Arrangements for your children following a relationship breakdown.

Speak to our expert family law team and find out how we can help with mediation

Edward Rawlins

Posted:

Edward Rawlins

Partner

Ed has over 20 years experience as a specialist advising on situations arising from the breakdown in relationships (marriage, civil partnerships and cohabitation) in respect of both children, finances and business assets. He is a member of Resolution and a Law Society Accredited Family Mediator.