Well, this is a welcome development. I am a fan of mediation and talking together to try to resolve problems, if you can. Now, I accept that mediation is not a magic pill for all issues. Some people it works for, some it doesn’t and some it will only work partly for.
Under the scheme, around 2,000 families will be able to apply for £500 towards the costs of mediation.
Mediation can help families resolve their issues and certainly, going to court should be the last option. Mediation has to be worth trying before going down that route.
There is a concerted effort to steer families away from court – particularly in relation to arrangements for their children where there are no issues of risk of harm; the parents just cannot agree on what the arrangements should be. The delays at court are really horrendous and the judges are asking parents not to rely on the court to be the parent to their family but to work together and sort things out.
The thought of mediation can be scary but the mediation world has embraced the Zoom and Teams technology and it has been a game changer. My clients find that mediation is really effective via Zoom or Teams and you don’t have to be in the same ‘Zoom Room’ as the other party if you don’t want to. You can each be in a different breakout room and the mediator moves easily between you both. Mediation this has has to be more time and cost effective.
I am hoping to see a more creative use of mediation. How about mediation and arbitration combined? Try and agree what you can in mediation but have an arbitrator there to resolve any remaining issues. May you get ‘stuck’ on an issue. Call in a specialist solicitor like me to give an Early Neutral Evaluation to give you an impartial view of the issue and how perhaps a court may see things. How about if you need you solicitor in mediation with you? You and your solicitor in one Zoom Room and the other person and their solicitor in the other room. You can both knuckle down with the mediator and settle your matters. Creative thinking, using the tools that we have and not worrying about the label for it. There has to be a better way than simply going off to court.
For the part who thinks ‘oh goody! Court delay suits me’, I say you are making a mistake. Delay means more time for other issues and arguments to rise up. That leads to more stress and upset and legal costs, if you are using solicitors. If you have children, you will always be connected via your children. Why completely tank the possibility of a civil, harmonious relationship with your ex? Your children will not thank you for it, I know this first hand from friends.
Take control of your situation and give mediation a try. Get legal advice alongside it and it can be really powerful.