Mediation for Family Matters

When you are going through a relationship breakdown it can be a very distressing time for everyone who is affected. Family mediation helps to resolve disputes and reduce conflict relating to matters including child arrangements and finances. It is important you choose a family mediator experienced in working on sensitive family law disputes.

When you are going through a relationship breakdown such as divorce, we understand that emotions can run high, and discussions may be difficult when a relationship breaks down.

Our family mediation services are conducted with empathy and by trained professionals so all parties can focus on planning their future.

What is family mediation?

Family mediation is when a neutral person facilitates two or more disputing parties to reach a mutual agreement.  It offers an effective solution to a dispute in which the parties can be flexible in their approach to reaching a settlement.

Mediation services create a productive environment free from the limitations of the court and can be used to settle a variety of different disputes under family law. As mediation is often a lower cost solution, many people elect to utilise mediation services at the earliest opportunity.

Parents and guardians can use family mediation to make arrangements for their children and avoid court proceedings.

The process of family mediation is designed to be supportive and productive. Depending on the issues and participation of the people involved, family mediation can be a relatively quick and simple endeavour that ends in an effective and mutually beneficial agreement.

When can family mediation help?

Mediation can be used for several family law related disputes including:

  • Divorce and separation
  • Child guardianship and adoption
  • Safeguarding and child welfare
  • Medical treatments
  • Wills and inheritance
  • Pensions

Family mediation can be used to agree on issues regarding money, property, or children. A neutral third-party will listen to both party’s points of view and create a calm and helpful atmosphere. This can help reduce the stress for the parties involved, and as mediation is often quicker than going through the court, enable the parties to reach a mutual agreement sooner.

Mediation is not therapy or counselling. A mediator will not advice on resolutions for couples to get back together. Instead, they will focus on both parties agreeing to future arrangements.

What are the benefits of family mediation?

Mediation has an excellent success rate meaning that any party choosing to mediate has a very good chance of the settling the dispute. Usually, the parties split the cost of the mediator and this joint investment in seeking a resolution adds to each party’s commitment to the process.

Additional reasons why you may wish to consider mediation:

  • Cost effective – mediation is cheaper than going to court and can be done before instructing a solicitor.
  • Flexible – mediation can be flexible for both parties as they communicate on their terms.
  • Confidential – mediation is only between the parties involved and their mediators.
  • Recorded – although confidential, notes can be taken and the mediator is witness to the discussions and agreements. Agreements can be written into a formal, binding document.
  • Less intimidating – many people find the mediation process less stressful and daunting than attending court.

Franklins Solicitors Family Mediation Services

Our Family Mediators works with all parties to facilitate effective communication and arrive at an agreement. They are an impartial and independent person who assists all sides involved. Please get in touch if you require a neutral third-party to assist your dispute resolution.

Request family mediation services

In many circumstances, parties in a dispute may need the support of legal professionals during the mediation process. Our mediation team guide a party before, during and after the dispute is mediated to deliver the best possible outcome. Involvement from a mediation team can be discreet and straightforward. We can also work on behalf of clients to represent their best interests if they are unable to be present at the mediation sessions. This may be suitable for instances of domestic abuse or intimate partner violence.

If you would like further details on mediation or to arrange an appointment with an Accredited Mediator, please contact us on 01908 660966 or 01604 828282 or complete our online form.

Frequently Asked Questions about Family Mediation

How does family mediation work?

Family mediation is the process of resolving a dispute between two parties with the help of an independent, third person. It is common for mediation to be used when trying to settle finances during divorce or childcare matters. Mediation can often be tried before using a solicitor although our mediators are also qualified solicitors.

Is mediation always needed?

There are some circumstances in which mediation is not appropriate. Usually when there are concerns of physical or sexual harm, allegations of an abusive relationship, or when one party has considerable power over the other party, mediation is not an appropriate path to find an agreement.

Can I decline mediation?

Yes, you can decline mediation, but you should have good reason to do so. If you decline mediation without good reason, it may come at a cost when the case goes to court because it suggests you have not made taken reasonable steps to avoid a court case.

What is the mediation process?

Mediation is a dispute resolution process, with the purpose of trying to reach an agreement on the matters at dispute. A mediator is an independent third person who doesn’t take sides in a dispute. Their role is to find an agreeable solution for both parties. A mediator will usually meet each party privately to discuss the circumstances and understand their position before a joint meeting takes place.

Is it better to go to family mediation before court?

Family mediation offers a great opportunity of finding an agreeable solution before going to court. It is usually much cheaper and quicker to find a solution through mediation than taking a case to court. If a case does go to court, the judge will often ask what the outcome of mediation was, so this step should be tried first.

How Mediation helped solve a Family Dispute Regarding a Property

A Family Law Case Study

Following a breakdown of relationship, our Family Law team were instructed to act in relation to a family dispute around a property. Through mediation an agreement was reached between both parties.

Mr Y agreed to participate in mediation. After several sessions an agreement was reached under which Ms X received a lump sum payment from Mr Y which she could then use to buy a new property. Mr Y also received legal advice himself alongside the mediation process and having been informed of his legal position, he adopted a different position in negotiations than he had in the immediate aftermath of the relationship breakdown. The mediation also allowed the couple to discuss various other issues, like how the children should be sharing their time between parents. The acrimony which existed when Ms X first consulted Franklins passed and the parties reached not only a legally binding agreement with regard to their former home, but also a positive approach to parenting post separation which will be of benefit to them, their children and wider family in the years to come.

Contact the Franklins Family Law Mediation team

If you have any questions about mediation for family matters, please don’t hesitate to contact our team of experts who are on hand and ready to help you.