
As a family mediator, one of the of the most common questions I hear from clients is whether they can get a legally binding order at the end of the process. Many of them have trust issues with their ex-partner and want to ensure that whatever is agreed in the mediation room is adhered to out in the real world.
The main focus of family mediation is to improve understanding and empathy between the participants with a view to achieving an agreement. However, if that agreement needs to be incorporated into a legally binding order (as with most financial settlements) that is also possible.
Since 2019 the Family Mediation Council have allowed family mediators to prepare first drafts of financial consent orders as well as child arrangement orders. The terms of the order can be discussed with the participants as part of the mediation process and this enables them to iron out any issues with the finer detail before they spend money on legal fees.
Family mediators are not able to give legal advice to their clients as they have to remain impartial and cannot be seen to be influencing the outcome of a settlement. It is still important that independent legal advice is accessed so that participants fully understand the implications of any proposed settlement, but by agreeing a first draft of an order in mediation, it significantly cuts down the amount of time that is then spent by their solicitor working out the finer detail.
Mediation is by far the quickest, least expensive and most collaborative way of settling family issues for those people who seek a fair outcome that (as far as possible) meets the needs of both participants and, more importantly, the needs of any minor children. Public funding is still available for those on a low income and the government’s family mediation voucher scheme is still available for those mediations where there is a child related element (with no means assessment).
So many people come to me after spending thousands on legal fees and still not reaching a settlement. They often comment that they wished they had tried mediation first as this would have saved them a lot of time, money and stress. Once client emailed me last week: “Just wanted to say thank you so much for today, we made so much progress with your help I really appreciate it!”
Family mediation encourages collaboration not conflict – there is a problem to be solved and you will solve it together.
If you think family mediation could benefit you or would like to find out more, please contact Liz or Linda on 01482 326666 / emorris@hamers.com
Find out more about the Family Mediation Council here.
Date
24 January, 2025
Author
Phil Winter
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