This year, Family Mediation Week runs from 27th to 31st January 2025. The focus is on raising awareness about how family mediation works and the benefits it offers to separating families. It encourages separating parties to communicate effectively and helps create a positive future for their family.
What is Family Mediation?
Family mediation is a process in which an independent, professionally trained mediator assists separating couples in reaching agreements regarding their children and/or financial arrangements following a relationship breakdown.
While mediation can be a valuable tool, it is a voluntary process, meaning both parties must agree to participate to achieve the best possible outcome. Open and constructive discussions are essential for reaching an agreement that works for everyone involved.
Mediation is a form of Alternative Dispute Resolution (ADR). When successful, it removes the need for costly and stressful court applications. The mediator’s role is impartial, providing a supportive and safe environment where options can be explored collaboratively. However, mediators cannot offer legal advice or make decisions on behalf of the parties.
It is important to note that discussions in mediation are confidential. They cannot be referred to outside the process, including in any subsequent court proceedings.
What are the benefits of family mediation?
Family mediation has a number of benefits to separating couples, including:
- Control over the process and decisions: Mediation allows you to make decisions rather than follow court directions and timetables.
- Tailored outcomes: The agreement will be bespoke, designed to suit the unique needs of your family.
- Collaborative approach: Mediation helps strengthen relationships and fosters a more amicable dynamic.
- Cost-effectiveness: Mediation is often a more affordable way to reach an agreement compared to court proceedings.
How successful is mediation?
Before an application can be made to the Family Court, mediation must be considered. Courts require evidence that mediation has been explored and a mediator must provide a signed form if mediation is deemed unsuitable.
While mediation is not always appropriate—for example, in cases involving a history of domestic abuse—it can be highly effective in many situations. A survey conducted by the Family Mediation Council revealed that mediation is successful in over 70% of cases. [1] Additionally, three-quarters of individuals who attend an initial meeting with a mediator choose to proceed with mediation, demonstrating its potential for success.
Changes to the Family Procedure Rules in 2024
The Family Procedure Rules were amended in 2024 to place greater emphasis on attending mediation and exploring all forms of non-court dispute resolution (NCDR) before initiating court proceedings. Key changes include:
- Requiring attendance at a Mediation Information and Assessment Meeting (MIAM) to explore all NCDR options.
- Filing an FM5 form explaining why NCDR is not suitable, if applicable.
- Under Part 3 of the Family Procedure Rules, parties must attend a MIAM before starting family proceedings, unless an exemption applies.
The purpose of these changes is to ensure mediation and other non-court options are fully considered before resorting to the court process.
While mediation is not suitable in every case, it can be an effective way to resolve issues in a bespoke and collaborative manner, avoiding the rigidity of court proceedings.
If you are interested in mediation to address a separation, relationship breakdown, or children’s dispute, please contact the Niamh Wilson at ngw@swinburnemaddison.co.uk or call our family team on 0191 384 2441.
[1] https://www.familymediationcouncil.org.uk/2020/01/20/survey-shows-mediation-is-successful-in-over-70-of-cases/
