Family Mediation Week 2024

Every January, the Family Mediation Council runs an annual campaign known as “Family Mediation Week” to raise awareness of family mediation and the benefits it can bring to families facing separation.

Family Mediation Week takes place this year from 22 to 26 January 2024. The campaign aims to let more people know about the benefits of family mediation and encourage separating couples to consider family mediation as a way of helping them make decisions together to help build a positive future for their family. 

The Divorce & Family Team at Birkett Long are proud to support Family Mediation Week. In doing so, Shelley Cumbers, who is a solicitor and collaborative lawyer in the Colchester team, answers some frequently asked questions regarding mediation as follows:

What is family mediation?

Family mediation is an alternative way for families to resolve the financial and children matters arising from their separation without going to court.

Mediation is a process which involves a couple meeting with a professionally trained, neutral, and independent mediator whose role is to help them work out arrangements for their children and finances following a relationship breakdown. Mediation can also be used when arrangements a family have made before need to change, particularly as children grow up.

Mediation is voluntary, and as such, it is a process the couple chooses to do rather than one that is imposed upon them.

What is the role of a family mediator?

The main role of a family mediator is to help separating couples make arrangements about parenting, property and money following a relationship breakdown.

By meeting with the couple, the family mediator will discuss the arrangements which need to be resolved and help facilitate discussion between the couple. The mediator will help identify those issues which cannot be agreed and try to assist the couple in negotiating and reaching an agreement in a safe environment.

Some family mediators also offer child-inclusive mediation so that the children of the family can also have a voice in the process and be heard in an age-appropriate manner that shields them from being directly involved in the decisions their parents need to make.

Why should separating couples consider mediation?

There are many reasons why separating couples choose family mediation, mainly because it is a process which helps them keep more control of the family’s future. If there are children involved, mediation can also help to put the children’s interests first.

Many separating couples want to remain at the centre of the discussions that need to be had in terms of the issues that arise from their relationship breakdown. They also want to avoid the stress, uncertainty, costs and delay of going to court.

Mediation enables separating couples to discuss the arrangements with the benefit of someone who will remain neutral and independent but who is professionally trained to listen to what is important to them. The family mediator will help facilitate discussion with a view to exploring options and seeing whether amicable decisions can be agreed about the best way forward for the family.

Many families choose mediation because it is a flexible process which can be tailored to meet the needs of the family. Mediation can be carried out in person with face-to-face meetings or conducted remotely via Zoom or Teams video calls, for example.

Should you get legal advice alongside mediation?

Although it is not uncommon for family mediators to also be qualified family law solicitors, when they are instructed as mediators, they cannot give legal advice to either party during or alongside the mediation process. Instead, the mediator may provide information to both parties to assist them in working towards their own decisions.

Therefore, it is important for separating couples to take independent legal advice alongside the mediation process for the following reasons:

• To consider the legal issues arising from their relationship breakdown
• To understand how the financial and/or children matters may otherwise be resolved
• To consider what the parameters of a fair outcome may look like and the legal implications of any proposed settlement

The Divorce & Family Team at Birkett Long can help and advise clients involved in family mediation. We can also make referrals and put you in touch with suitable family mediators to help get the process underway.

In our experience, couples who receive independent legal advice alongside the mediation process are more likely to reach a fair and sensible agreement.

How do you record an agreement reached in mediation?

If an agreement is reached in mediation, a written summary of the proposed settlement terms (known as a memorandum of understanding) will be prepared by the mediator, together with a summary of any financial disclosure exchanged between the couple.

An agreement reached in mediation is not legally binding. This means both parties can and should take legal advice from a family law solicitor after the mediation has concluded. If, after taking legal advice, both parties are happy to proceed with the agreed terms, the solicitor will then convert the agreement into a legally binding and enforceable court order. The Divorce & Family Team at Birkett Long can help with this.

How can Birkett Long help with mediation?

While we do not offer mediation services at Birkett Long, we have links with many family mediators and will be happy to signpost you in the right direction. We can also provide the specialist legal advice you will need alongside the mediation process and prepare the documents to make the mediation agreement binding.

For more information about how we can help, our family solicitors all offer a free initial 15-minute telephone appointment to discuss your needs. 

So, if you are involved in or contemplating a separation and are considering mediation, please get in touch. I can be contacted on 01206 217378 or via email at shelley.cumbers@birkettlong.co.uk