
Insight
People involved in Children Act and financial remedy disputes are often concerned about the emotional and financial cost of protracted negotiations between solicitors and/or court proceedings. However, there is an alternative.
Although there are cases where it may not be appropriate, mediation is a much underused process in dispute resolution. It involves a couple meeting with a trained mediator (preferably one who is also an experienced family law solicitor) who will assist them to reach a settlement, whilst remaining impartial throughout the process.
The participants will be encouraged by the mediator to take legal advice from their own solicitors before, during and/or after the process and although the terms of settlement reached within mediation are not binding, they can be formalised into a draft consent order for approval by a judge, which then becomes binding.
However, mediation only works if both parties enter into the process in good faith. It is unlikely to be successful therefore if, for example, one party is only attending mediation to delay matters or to try to avoid being ordered to produce financial disclosure.
One of a mediator’s roles (especially a mediator who is also a practising family law solicitor) is to provide reality checking for the participants. One or both parties may attempt to negotiate a settlement without first taking legal advice, which could lead to them not being realistic in their proposals. By ‘reality checking’ unreasonable or unrealistic proposals with the assistance of a mediator, parties can avoid wasting time discussing a proposed settlement which a judge would not approve.
If you are considering mediation for any financial remedy or child arrangements dispute, you can contact Desmond O’Donnell or Kirstie Law who are both experienced family solicitors and mediators in the Family team.