Mediate or Litigate? Understanding Your Options in Family Law

The UK government has recently confirmed that it will extend its mediation voucher scheme until March 2027. Introduced following the Covid pandemic to reduce pressure on the court system, the scheme offers eligible families a £500 voucher towards mediation for children matters. For further details, visit the government website at the link here.

Following this extension, it seems an appropriate moment to reflect on the benefits of mediation within family law and the important role it plays in helping to resolve disputes practically and amicably – often in conjunction with advice from a family lawyer, and as a viable alternative to court proceedings.

What is Mediation?

Mediation is a process for resolving disputes outside of court. An independent, specially trained third party (a mediator) meets with both parties to facilitate discussions and information sharing, to help them reach an agreement without the need for court proceedings. In family law, mediators assist separating couples to achieve financial settlement and/or agree child arrangements.

Types of Mediation

There are several potential approaches to mediation. If the relationship between the separating couple is amicable, the mediator can meet with both parties together to discuss through the issues and any proposals. This is known as ‘joint mediation.’ Alternatively, if the relationship has broken down, the mediator can conduct  ‘shuttle mediation.’ During shuttle mediation, each party will remain in a separate room and the mediator moves between them to discuss settlement proposals. For children matters, mediation may either involve just the parents, or the parties can engage in ‘child inclusive mediation.’ In these cases, the mediator will also meet with the child(ren) to gather their views.

The Mediation Process

Mediation is usually a voluntary process, with both parties agreeing to attend. Before mediation begins, the mediator will speak with each party to assess their suitability for mediation and to explain the process. It is mandatory for anyone seeking to apply to court for financial settlement or child arrangements to attend a Mediation and Information Assessment Meeting (or “MIAM”). At the MIAM, the mediator determines if mediation is an appropriate alternative method to try and resolve the dispute. In cases involving domestic abuse or controlling behaviour, mediation will usually be deemed unsuitable and the case will proceed through the court.

If mediation is appropriate, discussions will take place between the parties over several sessions, typically spanning a few weeks or months.  If the parties reach an agreement, the mediator will usually record this in writing. Mediation is confidential, and couples do not need to be contemplating court proceedings to attend. Many couples choose to attend mediation as a first step, or as an alternative to litigation.

Is Mediation Helpful?

While mediation is not appropriate in every situation, it offers a positive alternative to formal litigation for many couples. Court proceedings can be costly and emotionally taxing, as can prolonged negotiations through solicitors. Mediation can provide a more cost-effective, less confrontational method of resolving issues, allowing both parties to express their concerns and objectives in a neutral setting.

The Role of Family Lawyers

Many clients choose to attend mediation while also receiving advice from a family lawyer. A family lawyer can help their client by clarifying complex legal points, reviewing proposals made during mediation and offering practical advice as to their fairness and workability. In some circumstances, the lawyer may attend mediation with their client (known as ‘hybrid mediation.’)  If communication breaks down, a family lawyer can facilitate formal negotiations or initiate court proceedings.

At Bartons, we consider each client’s individual circumstances to decide whether or not mediation would be appropriate for them. While mediation isn’t always possible, it is often worth trying. We work closely with several mediators in the local area and beyond, and are happy to recommend their services.

Contact us

If you are considering mediation or would simply like to speak with a family lawyer about any concerns in your family, please contact our Family Team.

The author of this article, Ella Lane, Solicitor, can be contacted on 01548 855655 or by email at e.lane@bartons.co.uk