How mediation can offer a better alternative to court in family disputes

The Ministry of Justice recently published a summary on public attitudes towards various forms of out of court solutions or alternative dispute resolution, including mediation. Despite mediation being mandatory to consider before issuing court proceedings in family cases, some respondents viewed it as ‘an attempt to put relationships back together’ or ‘a token step along the inevitable road to court.’ You can read the full summary in the Ministry of Justice’s survey on dispute resolution.

The benefits of mediation

At Thomas Mansfield Family Law we advocate mediation whenever possible. Mediation offers a cost-effective and less acrimonious alternative to court, allowing parties to have a say in the agreement rather than leaving the decision to the court. A skilled mediator can help all parties reach a solution they are satisfied with, while maintaining control over the process.

Court proceedings, on the other hand, are often costly, time-consuming, and involve lengthy delays due to court backlogs. In financial cases, there can be three court hearings over the course of a year before a resolution is reached. By contrast, mediation allows parties to schedule sessions at their convenience and focus only on the issues in dispute, reducing both time and cost.

Mediation vs court

In mediation, parties are on equal footing, working with an independent mediator who is not representing one side over the other. Couples usually share the cost of the mediator, whereas court proceedings often involve multiple legal professionals, increasing expenses. Mediation also empowers parties by keeping them in control, unlike the court, where the process can feel restrictive.

Choosing the right mediator

When considering mediation, it is important to choose a mediator who is also a qualified family law solicitor. Although mediators cannot provide legal advice during sessions, having a mediator with legal expertise ensures a thorough understanding of the process and legal principles. Parties should seek legal advice from their solicitor between mediation sessions to ensure a smooth process and informed negotiations.

We have extensive experience in helping families navigate the mediation process, ensuring that both parties feel heard and supported. If you are considering mediation or want to explore the best route for your situation, our expert family law team is here to guide you every step of the way.