Family Disputes & the Shift to Mediation: What You Need to Know
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Last week marked Family Mediation Week 2025; an opportunity to raise awareness about family mediation and the ways it can benefit families on relationship breakdown. It has never been a more prevalent time for mediators, with Courts not only actively encouraging parties to find ways to resolve disputes out of Court, but now expecting them to meaningfully engage in it.
Whilst prior to April 2024 there was a requirement to attend a Mediation Information and Assessment Meeting before issuing Court proceedings (either in relation to financial or children disputes), many were concerned that this was simply a ‘tick-box’ exercise. However, the new rules which came into force last Spring make it clear that the Court expects parties to use Non-Court Dispute Resolution, with adverse consequences for failing to do so. Indeed, the Court has the power to adjourn proceedings for the purposes of exploring NCDR more seriously and to make costs orders against parties who have failed to engage sensibly in out of Court attempts to settle disputes.
Mediation is just one of a plethora of routes that are now available to separating families and the spectrum of options is widening, with the most recent inclusion of ‘one lawyer two clients’. There are many benefits to mediation in comparison to litigation, especially in terms of cost, time, emotional impact, and the level of control the parties have over the outcome. For example:
Cost-Effective
- Mediation is generally much cheaper than going through Court. Court proceedings involve various costs, such as legal fees, court fees, and other associated expenses, which can quickly add up. Mediation, on the other hand, is typically more affordable because it involves fewer formalities and the process is usually shorter.
- Litigation can result in long and expensive legal battles, with the need for lawyers at every stage, including solicitor correspondence, preparation for and attendance at hearings.
Time-Saving
- Mediation is generally quicker than litigation, which can drag on for months or even years in some cases. Mediation can often be completed in a few sessions, allowing for quicker resolution and enabling families to move on faster.
- Court cases can be delayed due to court schedules, backlogs, and the time it takes to gather evidence and prepare legal arguments.
Greater Control and Flexibility
- Mediation allows the parties to have more control over the outcome. The mediator facilitates discussions, but the decisions are made by the parties themselves, which means they can find mutually agreeable solutions that work for their specific needs and circumstances.
- Court rulings are imposed by a judge and may not reflect the personal preferences or needs of either party. In contrast to mediation, litigation is often a more rigid process.
Less Stressful and More Collaborative
- Mediation is less confrontational. It aims to resolve disputes in a collaborative environment, allowing both parties to have their voices heard and to work together towards a resolution. This can be especially important for maintaining healthy relationships, particularly when children are involved.
- Litigation can be highly adversarial, leading to increased conflict and stress. The formal, combative nature of court proceedings can cause emotional strain and may exacerbate the tensions between family members.
Confidentiality
- Mediation is confidential, meaning that any discussions held during the process cannot be used in court later if mediation fails. This encourages open communication and a willingness to negotiate without the fear of damaging the parties’ positions.
- Court proceedings may be heard in public, which can feel like a real invasion of people’s private lives.
Better for Future Relationships
- Mediation fosters a cooperative approach, which can help preserve relationships, especially important in family law disputes where parties may need to co-parent or maintain ongoing communication.
- Litigation is very positional and tends to create the perception of a winner and a loser, which can lead to long-term resentment and strain on family relationships.
Higher Satisfaction with the Outcome
- Mediation has been found to lead to higher satisfaction for the parties involved because they are part of the decision-making process. They are more likely to accept and adhere to an agreement they have helped create.
- Court decisions are final and can leave one or both parties dissatisfied, as they may feel they did not have enough control or input into the outcome.
Court Involvement Only If Necessary
- If mediation does not result in an agreement, the parties can still go to court. However, if they can resolve their issues through mediation, it avoids the need for litigation altogether.
- Litigation should be viewed as a last resort.
Supportive Environment
- Mediation provides a neutral third party (the mediator) who can assist both parties in understanding each other’s perspectives, helping to bridge gaps in communication and resolve misunderstandings.
- Court proceedings can feel more like a battle, with each side trying to prove the other wrong, which can further polarise the parties.
Focus on Long-Term Solutions
- Mediation allows parties to create solutions that are tailored to their specific needs and circumstances. It emphasises practical, sustainable solutions that will work in the long term.
- Litigation often focuses more on legal principles and can result in decisions that may not address the real-life needs of that individual family in a balanced way.
And the list goes on…whilst mediation is not suitable in every case, it offers a far more collaborative, efficient, and cost-effective approach to resolving family law disputes in England, thereby promoting healthier communication and relationships. This is crucial for those who have ongoing co-parenting and/or financial connections as they embark on the adjustment to family life post-separation.