Family Mediation Week 2024: Understanding Mediation
Each year, the Family Mediation Council (FMC) dedicates a week to raising awareness of family mediation and how it can benefit separating couples. This year it takes place between 22-26th January 2024.
In this article, Elsbeth Wells, Head of Mediation at Venters Solicitors, explains more about mediation and how it can help couples take control over the process of separating, support decision-making and build a positive future for their family.
What is the Mediation Process?
Since 2014 it has been a compulsory requirement for parties wishing to use the court system to attend a Mediation Information and Assessment Meeting (MIAM) prior to making an application to the court about their case. A MIAM serves as the introductory session, facilitated by a skilled family Mediator. The primary objective of this meeting is to assess the potential for resolving your issues outside the courtroom and to evaluate the suitability of mediation as a viable alternative.
During the MIAM, the Mediator, who possesses specialised training in family law matters, will engage with you to explore the nature of your disputes, gauge the willingness of all parties to engage in mediation, and ascertain whether the mediation process is a suitable avenue for addressing your specific concerns. This preliminary step is crucial in determining the feasibility of an amicable resolution and steering away from the formalities of a court proceeding.
The MIAM acts as a pivotal starting point in the mediation process, offering a thorough evaluation of whether mediation is a practical and effective means to address your family-related issues.
How does Mediation work?
Mediators work with separating couples in ways that are flexible and tailor-made for your situation. You do not have to be in the same space as your ex if you or the mediator decides that working with you in separate spaces would be preferable, however, if all parties consent, the Mediator may facilitate a joint meeting to foster communication. Meetings can also now take place online for added convenience.
The primary role of the Mediator is to aid in negotiations, aiming for a mutually acceptable resolution between both parties. Mediators possess expertise in effective communication and are attuned to the intense emotions that often accompany disputes.
What are the benefits of mediation?
Mediation is a well-established and popular constructive approach to resolving family disputes. It’s a voluntary and confidential process which involves an independent qualified Mediator being appointed to assist couples in reaching an agreement.
Through mediation, separating couples can work out arrangements for their children and finances. It can also be helpful when arrangements you’ve previously made need to change, for example, as your children grow up.
Mediation helps you stay in control. No-one will make you do anything against your wishes. The Mediator will help you find a solution which works for you both and will explain what needs to happen to make an agreement between you legally binding.
The process of mediation is less stressful and significantly quicker than going to court and can save you money. Legal aid may be available if you are financially eligible. There is currently a £500 government voucher available for anyone wishing to resolve children disputes through mediation.
Are Mediation Agreements Legally Binding?
In the context of mediation, it's important to understand that while agreements reached during the mediation process are not inherently legally binding, they serve as a foundation for a more formal and enforceable arrangement. When parties involved in mediation desire a legally binding document, they have the option to arrange for their proposals to be put into a draft consent order, and to ask the court to consider making them binding.
A Consent Order is a pivotal legal instrument that transforms the terms agreed upon in mediation into a legally binding and enforceable document. Specifically in family law matters, such as arrangements for children, a Consent Order gains its legal standing through formal approval by the Family Court. This endorsement by the court elevates the agreement to a status where it holds the same weight and authority as any other court order.
The process of obtaining a Consent Order involves submitting the agreed-upon terms to the Family Court for review. Once the court approves and issues the Consent Order, it becomes a legally enforceable document. This means that, in the event of a dispute or non-compliance with the agreed-upon terms, the court has the authority to intervene and enforce the provisions outlined in the Consent Order.
The Venters Mediation team
Venters Mediation offer a full range of mediation services including finance and children mediations.
The head of Venters Mediation, Elsbeth Wells has the status of Senior Mediator which is the 'gold star' qualification for family mediation and is the most senior qualification in the field of mediation. Elsbeth is also qualified to run Child-Inclusive mediation for those who wish to have the voices of their children heard in the process.
Working alongside Elsbeth in the team is Managing Partner, June Venters KC who is a dual-qualified barrister, solicitor and an accredited senior family mediator who is also qualified to undertake child consultations within mediation. This means that children can meet with her and their voices can be heard. June is particularly experienced in child consultations within mediation and has the additional qualification to do so. Her career in law spans over 40 years which brings her tremendous experience, compassion and expertise to help separating couples.
June recognises that court should always be the last option to resolving disputes. It is for that reason she qualified as a mediator more than 10 years ago and is committed to helping couples and families resolving their disagreements, where possible, by agreement.
Also in the team is Mediator, Melissa Jacey. Melissa completed the Family Mediation Association Foundation Course and has full FMCA accreditation with the Family Mediation Council.
Melissa is fully recognised by the Legal Aid Agency and Family Mediation Council to carry out all mediation issues relating to Finance, Property and Children, both with privately paying clients and those eligible for 'Legal Aid'. Melissa always endeavours to approach cases with empathy and understanding, to assist families in forming amicable resolutions to their issues and concerns.
If you would like to understand more about mediation and how it can help you and your family to resolve a dispute, then please get in touch. Book your MIAM appointment today by calling 0207 277 0110 or you can fill out our contact form.
