This week is Family Mediation Week which aims to raise awareness regarding the benefits of mediation and using non-court dispute resolution to assist in family disputes.
Mediation is playing an increasingly important role in providing a structure and confidential space for families to discuss issues and hopefully reach an agreement. Mediators are impartial trained professionals who assist parties with facilitating discussions and attempt to narrow issues. Families frequently find mediation a more open and less stressful and costly process compared with court proceedings.
When you are considering whether to use mediation, please note that mediation does not always follow the same format. The approach and set-up of mediation sessions can be re-structured based upon the parties’ needs and best interests. Mediation is voluntary and not suitable for everyone; however, it is important to be aware of the different types of mediation before you reach a decision about next steps.
So, What Are the Different Types of Mediation?
Traditional Mediation
The traditional form of mediation is when a neutral and impartial mediator assists parties in trying to narrow issues and reach an agreement relating to children, finances and property. The mediator does not provide legal advice and should not show any preference to either party. The role of the mediator is to foster communication, attempt to narrow issues by raising questions and help parties resolve disputes without the need of issuing court proceedings.
Child-Inclusive Mediation
This is a process where a mediator speaks directly to the child/children in a safe and confidential space and can gain a greater awareness of the wishes and feelings of the children. Child-inclusive mediation can be very effective in providing children with a voice and a space to provide their input during proceedings and can allow the mediator to ensure the children’s best interests are the primary focus when an agreement is reached.
Hybrid Mediation
Hybrid mediation can be used to deal with family issues concerning children, finances, or property disputes. This approach allows parties to be in separate rooms with the mediator moving back and forth between the parties. Increasingly, solicitors and other legal professionals are present for hybrid mediation sessions, so the parties also have the benefit of specialist legal advice. The difference with hybrid mediation is that the mediator can have private discussions with the parties and hold confidences, with the mediator using their discretion as to when they reveal information to the other party (although anything material, they will have to disclose). Hybrid mediation is often used in complex financial and children matters.
Shuttle Mediation
In shuttle mediation, parties are in separate rooms (or separate online, virtual rooms) and do not meet face-to-face. The mediator moves back and forth between the parties and can relay information and suggested proposals to help assist parties who may not feel comfortable sharing the same room, reach an agreement. Shuttle mediation can be very effective when there has been significant conflict during the separation.
There is not a one size fits all approach to mediation, so it is worthwhile exploring the different mediation options and working out what type of mediation would work best for you and your family. Indeed, mediation may not be suitable at all, for example if there has been domestic abuse, child harm or power imbalances in the relationship, and a solicitor-led approach may be more suitable in the circumstances.
If you would like any further information in respect of mediation or exploring an alternative route, please contact us by using our online enquiry form or by calling 0345 646 0406 and a member of the team will be in touch.