What is Family Mediation?
Family Mediation is a voluntary and confidential process in which a neutral third party, the mediator, helps family members attempt to resolve conflicts or disputes in a cooperative and constructive manner.
The mediator facilitates communication and manages discussions between the parties involved, assisting them in identifying their needs and interests and exploring options for resolution with the aim of identifying mutually acceptable agreements.
Family mediation aims to empower individuals to make their own decisions rather than having outcomes imposed on them by a court or other authority.
The Principles of Mediation
The key principles of mediation are:
- It is a confidential process. With some very limited exceptions, discussions and proposals made in mediation cannot be referred to in legal proceedings.
- Mediation is voluntary. The courts very much expect couples to attempt mediation, but ultimately no one can be forced to do so.
- The mediator is impartial and remains neutral and unbiased throughout the process. This means that the mediator does not take sides, advocate for any particular outcome, or favour one party over another. Instead, they strive to create a level playing field where all parties feel heard, respected, and understood.
- The clients are the decision-makers. The mediator is there to facilitate discussion, not to tell couples what to do. Any agreement reached only becomes legally binding once it has been converted into a consent order by solicitors and approved by the Court.
The Benefits of Mediation
Mediation offers a range of benefits for parties involved in disputes, making it a popular alternative to litigation or other forms of conflict resolution. Some of the key benefits of mediation are:
- Cost-effectiveness
- Efficiency and timeliness
- Control and autonomy
- Confidentiality
- Preservation of relationships
- Flexibility and creativity
- Reduced stress and emotional toll
- Compliance and satisfaction
- Preservation of privacy
- Potential for long-term solutions
If it is safe and appropriate, mediation offers a range of advantages. It promotes collaboration, communication and mutual respect, leading to outcomes that are often more satisfactory and sustainable than those achieved through adversarial processes.