Divorce or separation is never easy, and the process of untangling a relationship can be emotionally and financially draining. Many individuals find themselves navigating complex legal matters, from custody arrangements to financial settlements. However, not everyone is aware that there is a more amicable and cost-effective route available to help resolve these issues: family mediation.
What is Family Mediation?
Family mediation is a voluntary process where an impartial third-party mediator helps separating or divorcing couples work through disputes in a structured and peaceful manner. Rather than taking a case to court, where a judge makes the final decision, mediation encourages both parties to come to an agreement with the help of a trained mediator. The mediator’s role is not to take sides but to facilitate communication, ensuring that both parties have an opportunity to express their views and work together toward a mutually beneficial solution.
Mediation is often used to resolve issues such as:
- Child custody and visitation
- Financial settlements
- Division of assets
- Parenting plans
It is a confidential process, and the outcome is only binding if both parties agree to the terms. Mediation is typically faster, less expensive, and more collaborative than going through the court system.
Why Only 30% of People Would Consider Mediation First
Despite the many benefits of family mediation, recent research has shown whilst two thirds of people are aware that family mediation is an option to help avoid court in the event of divorce or separation, that only 30% of people would make a family mediator their first port of call. So, why are so many individuals unaware or hesitant to pursue mediation initially?
1. Lack of Awareness of Mediation’s Benefits
Although two-thirds of people know that family mediation is an option, many still view it as a last resort or something to consider only when other avenues have failed. They might not fully understand how mediation can be used to avoid the lengthy and costly court process. Misunderstanding or underestimating the value of mediation can lead individuals to seek legal representation first, as it seems like the more traditional or “safer” route.
2. Emotional Complexity and Misconceptions
Divorce or separation is often highly emotional, and during such stressful times, individuals may not feel ready to engage in a collaborative, problem-solving approach like mediation. Some might worry that mediation won’t result in a fair agreement or that it could prolong the conflict. Additionally, people may be concerned that mediation will only work if both parties are on relatively good terms, which is not always the case in high-conflict situations.
3. Defaulting to Legal Representation
The legal route is often the default option, as many individuals are familiar with the role of lawyers in a divorce or separation. Lawyers tend to advise their clients based on what they know best—court processes—and may not always emphasize mediation as a first step. This can lead people to engage in a more adversarial legal process before they consider more cooperative options.
4. Fear of Power Imbalances
Mediation requires both parties to be on equal footing in negotiations, which can be a challenge if there is a significant power imbalance, whether it be financial, emotional, or in terms of legal knowledge. People may worry that they won’t be able to effectively communicate or advocate for themselves in a mediation session, leading them to feel more comfortable with the structure and perceived protection of the court system.
5. Uncertainty Around the Process
Even when individuals are aware of family mediation, they may not fully understand the process or how it works. Without a clear understanding of how mediation can be structured, the potential for compromise, and how it can lead to lasting agreements, people may hesitate to engage in something that feels unfamiliar. This lack of information could prevent them from making mediation their first choice.
Why Mediation Should Be Your First Choice
While many people default to the legal route, family mediation offers several advantages that make it worth considering as the first step in resolving family disputes. Here’s why:
- Cost-Effective: Mediation is typically less expensive than going to court, which can involve lengthy legal proceedings and associated fees.
- Faster Resolution: Court cases can take months or even years to resolve. Mediation allows parties to reach an agreement more quickly, helping both sides move forward.
- Less Stressful: Mediation is a more collaborative approach and can help preserve relationships between parties, which is especially important when children are involved.
- Confidential and Private: Unlike court proceedings, which are public, mediation is confidential, providing a more private and secure environment for resolving disputes.
- Empowerment: Mediation puts the power back in the hands of the individuals involved, allowing them to make decisions that work for their unique situation, rather than leaving the outcome up to a judge
How We Can Help
At Prism Family Law, we are committed to helping our clients find the best possible resolution to their family disputes. Whether you’re looking for mediation services or legal support during a difficult time, our team of experienced family solicitors are here to guide you through the process with care, understanding, and professionalism.
Further information about family mediation can be found via the Family Medication Council website:-
https://www.familymediationcouncil.org.uk/family-mediation/