Separating couples are being urged to use mediation instead of Court proceedings after a list of England and Wales divorce hotspots was recently revealed.
The latest statistics published by the Ministry of Justice from October 2011 to September 2012 show that the most divorce petitions was filed in Birmingham, followed by Weston-super-Mare and then Leicester. Their figures were the highest of any part of the country, outside of Greater London.
Family Justice Minister Lord McNally has called on mediators to lead the way in promoting out of Court solutions to help separating families. After the latest divorce figures were revealed he said:
“All too often I hear stories of families going through expensive and traumatic Court hearings, but we all know that when working out how to split assets and arrange time with the children, mediation is far simpler and a cheaper approach for everyone and leads to better outcomes.”
The number of divorces filed are likely to be dependent on the number of adult/married people that a particular Court covers and it is not the “hotspots” of where in the country people are getting divorced that is crucial, but the “hot points” between people following relationship breakdown and the Government is taking steps to ensure that separating couples give consideration to using mediation to sort out the issues between them.
In recent years greater numbers of people have been successfully using mediation, where they are helped to agree the issues between themselves rather than argue it out through lawyers with a Judge making the final decisions. The average time for a mediated case is 110 days compared to 435 days for non-mediated cases.
New laws are being created to ensure that all separating couples must consider mediation to sort out the details of their divorce, before they decide to take their dispute to the Courts. All couples seeking a Court order about the arrangements for their children or how they divide assets will have to attend a mediation information assessment meeting (MIAM) first to find out about mediation and consider whether it is suitable for them.
The government strongly supports mediation. It is quicker, simpler and more effective way, which avoids the traumatic and divisive effect of the courtroom.
Mediation won’t be right for everyone. Some people will be able to sort out their own disputes without using mediation or going to Court, and in certain circumstances (such as with domestic violence or child protection) legal action through the Courts may be needed.
I am a family mediator and my mediation service involves the use of me as an independent and qualified third-party to help couples divide their assets or arrange contact and residency of the children without going to Court.
How family mediation works
Courts should be the last resort for people involved in a family dispute. Mediation can be particularly beneficial where there is a continuing relationship following dispute resolution, which is often the case in family cases.
Mediation gives people the chance to explain their concerns and needs to each other in my presence as a professional mediator, with the aim of finding a mutually acceptable solution. The process is voluntary, confidential and future-focused. As a mediator, I help people move on from the difficulties of the past to find their own solutions for the future.
Family mediation typically takes place over one or more 90 minute sessions and most people find that they need between one and four sessions. As a mediator, I am a neutral independent professional to help people have a difficult conversation and find their own way forward. It is my role to manage the process, to make sure it is productive as it can be, and to help diffuse the situation when things get heated.
Mediation deals with legal issues and I encourage people to seek legal advice at an appropriate stage in the mediation because as a mediator I can only give people legal information and not legal advice. People obtain independent legal advice and use mediation as the place to discuss the issues and then reach agreements. Mediation deals with legal issues and works best hand-in-hand with legal advice from solicitors. If I am the mediator, I cannot provide that advice but if I am not then I obviously can, as an independent solicitor. Once an agreement has been reached in mediation it is taken back to their solicitors to be turned into legally binding documents so that they get the best out of legal services available.
Benefits of family mediation
- Practical benefits are that it is the quickest and the cheapest way of resolving family disputes
- It is a highly adaptable process and in some circumstances longer or shorter sessions, mediating with lawyers present or mediating between people in separate rooms (shuttle mediation) might be worth considering
- A psychological benefit is that it is an empowering process. Instead of handing over to a Court process, leaving people vulnerable to a decision being imposed upon their family by an outsider, both parties take responsibility for the discussions that take place in mediation and the decisions reached. In place of disempowerment and fear, mediation gives people ownership of the process and the outcomes
- There are emotional benefits to mediation. It offers a safe, neutral and confidential environment in which to be heard and understood. It enables separating couples to part with dignity, leave behind their struggles of the past and commit to long-term co-operation where necessary. Part of my role as a mediator is to help parents move on from living together to finding a good working relationship as parents living apart. This is an important transition process and brings benefits to the whole family
I recognise that mediation is not right for everybody, and that timing can be critical: what seems impossible one week can actually seem the best option given the passage of some time. If one party is determined to bully, hide assets and/or control the other, whatever the cost, or if they have difficult psychiatric or psychological issues, then the Court process is essential. People like this are in the minority though.
General information for anyone considering divorce of separation is available on our website and for any specific information, particularly whether mediation is suitable in your situation or not, please contact us.
