Family Law: A Pathway to Peaceful Resolutions

It can be difficult to see a way forward when a relationship breaks down. It can seem like the only path is one full of emotional complexities and a hostile legal process. It doesn't have to be this way.  

Whilst the traditional route of court proceedings is widely known, family mediation offers a constructive alternative that places control firmly in the hands of those directly affected. At Almy & Thomas, with over 100 years of combined experience, we're passionate about helping families navigate these challenging waters with dignity and mutual respect.

What Is Family Mediation?

Family mediation is a type of non-court dispute resolution (NCDR) that helps resolve familial disputes outside the courtroom. It is particularly valuable during the end stages of a relationship and provides a structured framework for addressing practical matters such as childcare arrangements, the division of finances, and debt responsibility.

All mediators come from professional backgrounds in law and healthcare. At Almy & Thomas, our mediators bring legal expertise and a deep understanding of family law.

The mediator's role is to remain impartial, asking questions about your situation while maintaining confidentiality.

Unlike court proceedings, mediation empowers you to control the outcome, working with you and your ex-partner to make adjustments at a pace that works for everyone involved. Some mediators are even specially trained to include children in discussions (with all parties' consent), giving children a sense of autonomy during uncertain times, helping them feel heard and valued.

How Does Family Mediation Differ from Going to Court?

The courtroom can be an intimidating environment that often heightens tensions between parties. In contrast, mediation creates a calm atmosphere conducive to constructive dialogue. A mediator cannot provide legal advice, but can:

• Listen equally to both perspectives

• Facilitate healthy and respectful communication between parties

• Suggest practical steps towards mutually acceptable agreements

Mediation can be less time-consuming and more cost-effective than litigation. It provides a forum where both parties can express their concerns openly and foster understanding.

This approach is particularly beneficial for families with children, as it models positive conflict resolution and minimises disruption to their lives.

Find out more about family mediation at Almy & Thomas today.

The Mediation Process

Initial Steps

The journey begins with a Mediation Information and Assessment Meeting (MIAM). This introductory session allows the mediator to understand your needs and determine whether mediation is appropriate for your circumstances.

You should note that attending the MIAM is a legal requirement before court proceedings can commence in most family cases.

If one party declines to attend the MIAM without a valid exemption, the other party may proceed with a court application. Exemptions typically apply in cases involving domestic violence or child abuse, which your mediator can discuss during initial consultations.

Mediation Sessions

During mediation sessions, both parties can express their views in a structured environment. If being in the same room feels challenging, separate sessions can be arranged, with the mediator speaking to both parties individually to find a solution. You may also bring a support person to sessions if that would be helpful.

It's important to understand that mediators won't attempt to reconcile separating couples. Their focus is on helping you establish practical arrangements for moving forward separately.

Child-Inclusive Mediation

Children often adapt better to change when they feel involved in decisions affecting them. Child-inclusive mediation provides a forum for children to discuss their feelings and wishes with a trained, impartial mediator. It isn't about burdening children with adult decisions but ensuring they feel heard during a significant transition.

Including your child in the process can increase their understanding of the situation, helping them feel empowered.

Reaching and Implementing Agreements

At the conclusion of successful mediation, the mediator prepares a 'memorandum of understanding' documenting what's been agreed upon. While mediation agreements aren't automatically legally binding, a solicitor can transform them into a consent order.

This two-step process provides informed choices and a well-considered foundation for legally binding arrangements.

Mediation offers a more flexible approach to separation, and resolutions can be easily amended based on the needs of the family, such as:

• Changes in work patterns or location

• Evolving children's needs

• Altered financial circumstances

• Formation of new family units

Once you've completed family mediation, you might be wondering where to start. Where do you go from here? Implementation support is available through scheduled review sessions typically held 3-6 months after the initial agreement. These provide opportunities to address any misunderstandings and make necessary adjustments. Additionally, government family support services and digital co-parenting tools can assist with the practical application of agreements.

When Mediation May Not Resolve Everything

While mediation successfully resolves many family disputes, complete agreement isn't always possible. If discussions regarding childcare arrangements reach an impasse, a solicitor can advise on the next steps, though courts generally prefer parents to reach mutual agreements rather than imposing arrangements.

Court proceedings might be necessary for unresolved financial or property disputes. However, attempting mediation is a show of good faith and clarifies the specific issues requiring courtroom resolution.

It can also improve the communication style of both parties and make the legal route less painful.

Book a free 30-minute consultation with our experienced divorce lawyers to find out how we can help you reach a resolution.

Addressing Complex Financial Matters

Untangling combined finances can be a source of anxiety for many. Mediation can help you address these financial matters. This may be the division of pensions and long-term assets, or addressing more immediate concerns, such as making payments on the family home. When necessary, financial specialists can provide input to ensure fair and informed decisions. This multidisciplinary approach ensures comprehensive consideration of both immediate and future financial implications.

Why Choose Almy & Thomas for Family Mediation?

Separation is difficult, but our combined experience at Almy & Thomas provides steady guidance through challenging and uncertain times. We blend family law advice with compassion and understanding, creating an environment where families can flourish. Whether you're addressing childcare arrangements or financial divisions, we provide the structure and support needed to reach workable solutions.

Contact our team today to discover how mediation can help your family navigate this transition with dignity and hope for the future.