9thJanuary 2014
New mediation law aims to help resolve disputes out of court between divorcing couples
Parents and couples separating or divorcing will be helped to avoid stressful court battles under a proposed new law which will change the current mediation process.
Julian Waldon, Associate solicitor and mediator in the Family department at Law firm Hart Brown, looks at the changes in the law, and offers his Top Tips for a successful mediation process.
Mediationis a process whereby parties resolve issues outside court with the assistance of an independent mediator who manages the process for them. All issues arising on the breakdown of a relationship such as how the finances are to be divided, how much maintenance is to be paid to the other party or for their children can be dealt with. In addition parents can resolve what arrangements are to be made for their children.
Presently, anyone wishing to apply for a court order in respect of a dispute involving their children or financial matters must first attend a mediation information and assessment meeting (MIAM). This is an assessment carried out by a mediator as to whether the dispute would be suitable for mediation. The mediator could assess that mediation is not appropriate because the other party refuses to attend mediation.
The proposed change, would remove the MIAM and parties will have to attempt mediation (with the exception of cases where there have been issues of domestic violence).
The aim is to ensure separating parents and couples will try to resolve disputes outside of the court system.
Statistics show that mediation can help people to reach more amicable, durable solutions reducing acrimony. It can also be cheaper and quicker than taking a dispute to court. Mediation is their process and they are in control as to when meetings with the mediator take place and at their pace as opposed to a court imposing upon them time limits and an order which may not be acceptable to either of them.
Top tips for a successful mediation process.
Remember why you are there
The aim of mediation is to reach a solution. To do this mediation should be approached with an open mind about how you will achieve the solution which is best for you and your family. Mediation will give you the opportunity to set out your view and to hear the other's view and vice versa.
When children are involved, try and think about things from their perspective and how best the both of you might be able to satisfy their needs during this difficult time and also in the future.
Be conscious of how your words and actions can affect mediation
Mediation can be an emotional experience. Mediators will appreciate that parties will feel strongly about issues, often having polarizing views on matters. Sometimes disagreement allows you to focus on why you are at mediation. Mediators are impartial and will not make a decision on who is right or wrong on a particular matter. The mediation process is about finding workable solutions.
Be aware of your the alternatives to negotiating a solution in mediation and take legal advice
Prior to embarking on mediation, it is important to seek legal advice so that you are aware of your legal position. The mediator will in any event advise that you should have independent legal advice as the role of the mediator is not to advise parties individually but to give general advice to both parties such as what a court would take into account. In any event at the end of mediation you will usually be advised by the mediator, where there is a financial agreement, to have independent legal advice upon the terms of that agreement before it is put into effect.
You can consult with your solicitor throughout the mediation process to formulate and consider proposals. This is particularly important with regard to financial matters after you have both given financial disclosure.
It is important, however, to remember that the legal process and the mediation process are different. A court may achieve a different result but it may come at a much greater cost in respect of time, legal fees and the relationships within the family.
Take a long-term view
Don't be too disheartened if there is no immediate solution. Periods of reflection between mediation sessions are often useful as participants are able to digest the information and opinions expressed during the mediation process.
Mediation can give a greater sense of closure if a settlement is reached rather than leaving this for a court to determine over which you have no control.
If children are involved, mediation can offer a new way to talk to each other about parenting and how this will be achieved.
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About Hart Brown
Hart Brown, a leading law firm with offices throughout Surrey and in London, has been offering a full range of legal and financial investment services to businesses and individuals for the past 90 years. With 15 partners, more than 110 staff, six offices and a reputation for delivering high quality service, Hart Brown is committed to building long-term relationships with its clients.
In particular, the firm puts great emphasis on regular communication with clients, as well as the need for efficiency and value for money in order to deliver a high-quality service. Hart Brown currently operates from offices located in Cobham, Cranleigh, Godalming, Guildford, Wimbledon Village and Woking. For more information please visit www.hartbrown.co.uk
Press Contact:
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Hart Brown Contact:
Rebecca White, Hart Brown
Tel: +44 (0)1483 887766 Email: rjw@hartbrown.co.uk www. http://www.hartbrown.co.uk