Family Mediation

Mediation is an invaluable process in which a mediator (being an objective and independent but expert third party) can help disputing parties to reach a voluntary resolution to their dispute outside of Court. The mediator facilitates discussions and negotiations between the parties to assist them in reaching a voluntary settlement. A family mediator can assist on disputes concerning children, and on financial splits (including property) on separation or divorce.

For An Initial Discussion Call

Safeena Tufail on 0118 957 5337

Why go through Mediation?

Mediation is an excellent non-combative tool for assisting parties in reaching practical solutions which will work for you and your family.  In contrast, litigation through the Court is far more hostile and antagonistic, and can result in final orders that resolve the issues but can be difficult to implement on a practical level. Litigation can be ongoing for months and in some cases years. Mediation however usually lasts 3-5 sessions. Litigation is inevitably more of a blunt-force instrument, whereas mediation can be used to address specific nuances and concerns.

In short, mediation is the ideal tool for assisting disputing couples who are willing to still talk, or who wish to remain amicable, in reaching sensible solutions based on understanding and compromise.

Each party can still receive independent legal advice alongside the mediation process. 

Do I have to go?

Family Procedure Rules 2010 set out the processes for parties, practitioners and the Family Court.  In 2014 attendance at a Mediation Information Assessment Meeting was made compulsory before an application could be made to court (with the exception of an exemption being applied).  The impact was that many applicants merely used this as a box ticking exercise to get a court application issued. However new rules and significant changes were introduced on 29 April 2024. 

What are the changes to the Family Procedure Rules?

1. The definition of Non-Court Dispute Resolution was widened.
2. Parties must actively engage in Non-Court Dispute Resolution.
3. There is now a risk of a costs order being made against a party who unreasonably fails to engage in Non-Court Dispute Resolution.

In short, mediation is now positively expected and encouraged by the Family Courts, and if you refuse mediation without very good reason, then you could be facing a costs order at Court, regardless of the eventual outcome of the litigation.

If you would like further information concerning mediation, please get in touch with our Family Solicitor and Mediator, Safeena Tufail on 0118 9575337 or email at S.Tufail@hewetts.co.uk