Family Mediation is voluntary, confidential and impartial process whereby separating couples work with a mediator to try and reach their own voluntary arrangements to suit their changed circumstances.
Family Mediation is not about seeking to repair the relationship, the process is designed to help separating couples come to their own arrangements following the end of a relationship.
You have control of the Family Mediation process which is conducted on a “without prejudice” basis (any discussions you have in Family Mediation are confidential and cannot be relied on in any later legal proceedings). This means that you have the freedom to be more creative with solutions and explore options which you believe would work best for your family, but may be outside what the Family Court would consider or order. You can also seek to address any issues which are causing difficulties for your family, even matters which the Court may not be able control or fully resolve, such as difficulties with communication, establishing a new working relationship as parents, together with the primary concerns which tend to accompany the breakdown of a relationship, including short and long term arrangements for the children, financial and property issues, dealing with family debt, interim financial arrangements and occupation of the family home.
The Court expects separating couples to try and resolve their own disputes before resorting to the Court process and so, since April 2014, it has been a requirement to consider alternative forms of dispute resolution and specifically Family Mediation, before any application can be presented to the Court relating to children or financial arrangements. There are only very limited criteria when you would not be required to explore Family Mediation before being able to issue a Court application, such as urgency and where Family Mediation would not be suitable due to domestic violence. The Court expect parties to consider all forms of Alternative Dispute Resolution, including Family Mediation, at every stage in proceedings and can levy sanctions against any party who refuses to consider Family Mediation without good reason.
At Wilson Family Law, we offer individual Mediation Information & Assessment Meetings to each party, at which we will provide you with a full explanation of the benefits of Family Mediation process and how Family Mediation works in practice. We also take full details from each party to ensure that your family circumstances are suitable for Family Mediation.
If you decide to proceed with Family Mediation, you will come as many (or as few times) as is required for your circumstances. Typically, however a separating couple will usually need between 2 – 4 sessions of Family Mediation, with most sessions lasting around an hour and a half. Once you get to an agreement, we will write this up for you and confirm any further steps you need to take to make your arrangements legally binding upon you both.
Family Mediation can assist at any time in a relationship breakdown, whether you are only just thinking about separating to parties who have been separated for many years but have a need to review any of their circumstances. We cannot give you legal advice during the Family Mediation process but we are able to provide you with legal information and we can assist you with any legal processes. We will also signpost you if we think either party would benefit from or needs legal advice during the process.
Wilson Family Law accept self referrals to Family Mediation and referrals from solicitors.
At Wilson Family Law we offer a completely free initial consultation to advise on any aspect of Family Law. At the appointment we will take full details of your circumstances and provide comprehensive advice as to your options together full quotation of likely cost. We will listen to what you hope to achieve and work with you to find the solution which works best for your family.
To book your free initial consultation fill out our form or you can email or call the office