What is mediation and the process involved? What is solicitor assisted mediation, the benefits and disadvantages?
What is mediation?
Mediation is a form of out of court dispute resolution. You and your ex-partner (or the person the dispute is with) attend a joint meeting with a qualified mediator to discuss your dispute. The idea is that you attend mediation to try and resolve your dispute outside of the court arena with the help of a neutral third party. Attending a joint meeting with a mediator is entirely voluntary and so both you and your ex-partner would need to agree to engage in mediation.
What is the mediation process?
Unless an exemption applies, there is a requirement to attend a Mediation Information and Assessment Meeting (MIAM) before making certain applications to court regarding children. At a MIAM, the mediator will discuss the different ways of trying to resolve the dispute outside of court with you. The mediator will also consider whether your case is suitable for mediation.
If both you and your ex-partner (or the person the dispute is with) agree, you can proceed to attend mediation to try and reach an agreement with the help of the mediator. You do not need to involve solicitors in this process, but solicitor assisted mediation may be beneficial particularly where there is a high level of conflict or there are concerns about domestic abuse.
What is solicitor assisted mediation?
Solicitor assisted mediation is where both you and your ex-partner attend mediation with your respective solicitors. Solicitor assisted mediation can take the form of shuttle mediation whereby you are both in different rooms with your solicitors and the mediator goes between the rooms. The mediator (who will be a neutral third party) will speak to you and your ex-partner separately and will go between the rooms to try and help you reach an agreement.
What are the benefits of solicitor assisted mediation?
- Your solicitor can provide you with advice and support during the mediation.
- You do not need to be in the same room as your ex-partner (or the person the dispute is with).
- The mediator will go between the rooms and will relay things in a neutral way.
- It may enable someone who does not feel comfortable speaking directly with their ex-partner to engage in mediation.
- It can be quicker and more cost effective than fully contested court proceedings.
Are there any disadvantages to solicitor assisted mediation?
- You will need to pay for your solicitor's time at the mediation (as well as any work you instruct them to do before and after the mediation) on top of the costs of the mediator.
- Solicitor assisted shuttle mediation may go on for longer than a mediation session where you are both in the same room (either in person or virtually online) as the mediator will be going back and forth between the two rooms. The costs of the mediator may therefore be greater.
It is important to note that any child arrangements agreed at mediation are not legally binding (and so cannot be enforced). Child arrangements agreed at mediation will only be legally binding if you make an application to court and then ask the court to approve a consent order setting out what has been agreed (which may not be necessary).
Our specialist Children team can discuss solicitor assisted mediation with you as well as other methods of non-court dispute resolution.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.