Family Mediation Week, set up by the Family Mediation Council, runs from Monday 27 to Friday 31 January 2025. The awareness week puts mediation in the spotlight, and is a chance for all those practicing in family law to raise awareness of the numerous benefits of mediation, both to fellow family law practitioners and also to clients and the public alike.
The family team at Stephens Scown support Family Mediation Week and are keen to promote mediation as a tool for clients in order to resolve their disputes amicably, quickly and cost effectively, alongside achieving satisfactory and sensible outcomes.
What is mediation?
Mediation is an out of court process in which an independent, professionally trained mediator facilitates negotiations between two parties to try to resolve a dispute, for example, agreeing a financial settlement, or to plan arrangements for their children. The mediator is tasked with helping parties find a solution which works for both parties and allows them to remain in control of their decision making. A mediator may be an expert mediator, or alternatively a family lawyer who has also trained as a mediator.
There are a number of ways that mediation can work, for example, it can be a series of sessions where clients attend on their own and together with a mediator. An alternative scenario could see a mediation lasting a whole day, with each parties’ solicitor attending and advising throughout the process, with the mediator “shuttling” back and forth between the two sides. Where solicitors are involved, this is often referred to as “solicitor supported mediation”.
It is also possible for children to be involved in mediation in the appropriate circumstances (which is known as “child inclusive mediation”).
What can I mediate about?
It is possible to mediate about almost any dispute, provided that both parties are willing to enter into the process in good faith, with a view to negotiating an outcome, and there are no issues which would make the process inappropriate, for example, if there had been a history of domestic abuse.
In the family law arena, this can include disputes around finances – so who might retain a family home, how financial assets might be divided, how much maintenance might need to be paid and for how long. In relation to children it could be about where the children will live and how much time they will spend with the other parent, which school they will go to, whether one parent can relocate, either in England and Wales or abroad. Parties can mediate in relation to all the issues between them, or alternatively in relation to niche issues, depending their particular circumstances.
What happens during Family Mediation Week and how can I get involved?
Mediation will be publicised in the press by the Family Mediation Counsel, mediators and other family law practitioners. Resources and information will be made available, and a number of events and webinars will be running for both professionals and the public.
Please see a list of events here for further information.
How can Stephens Scown help?
The family team at Stephens Scown are committed to finding the best way forward for each client. We will review which of the Non Court Dispute Resolution (NCDR) methods are likely to be appropriate in your case and provide you with the tools and information necessary.
Whether you decide to mediate, arbitrate, hold a Private FDR, or try Collaborative Law or our new Resolution Together: One Couple, One Lawyer service, we will support you all of the way.
We regularly support clients through mediation via our Mediation Support Service, whether that be in relation to the process, financial disclosure, and settlement options in the background, or us attending mediation with you, we will help you get the most out of the process and help you make decisions with confidence. Do contact us today on 0345 450 5558 or enquiries@stephens-scown.co.uk to discuss mediation, or solicitor supported mediation, further.