– by Lee Pascoe, Kay & Pascoe LLP

As a family solicitor, I am asked regularly about whether there are alternatives to court proceedings when dealing with issues relating to finances and / or children on separation.

I hope that the following information about mediation, including its benefits and situations where it might not be the best option, will help you feel more confident about whether it’s the right path for your circumstances.

What is Mediation?

Mediation is a voluntary process where you and the other party work with an independent mediator to resolve disputes.  The mediator’s role is to guide the conversation and help both sides find common ground, but they won’t provide legal advice.  It’s a flexible and collaborative way to address issues without going to court.

Why Choose Mediation?

Mediation has a lot of advantages that make it worth considering:

  • Collaborative Approach: It’s a chance for both parties to work together to find solutions that suit everyone.
  • Privacy: Mediation is confidential, so you can speak openly without worrying about public exposure.
  • Convenience: Sessions can be scheduled to fit your timetable, avoiding the considerable delays often associated with court proceedings.  It can take place either remotely or face-to-face, whichever works best for you.
  • Cost Savings: Mediation is usually much more affordable than going to court.
  • Preserves Relationships: It encourages constructive communication, which can be especially helpful in family matters or situations where ongoing relationships are important, for example, where there are children.
  • Mutual Agreements: Since both parties are involved in creating the resolution, there’s a higher likelihood of sticking to the agreement.

When Mediation Might Not be Suitable

While mediation is a great option in many cases, there are times when it might not be the best fit:

  • Participation Issues: Mediation only works if both parties are willing to engage in the process.
  • Safety Concerns: If there’s a risk of harm or coercion, mediation may not provide the safe environment needed for open discussions.
  • Transparency Problems: Mediation relies on honesty and full disclosure.  If one party isn’t forthcoming, it can be difficult to move forward.

If you think mediation could be helpful for your situation, I’d be happy to chat more about it and answer any questions you might have.  Please don’t hesitate to give me a call on 01892 664348 – I’m here to help.

– Lee Pascoe, Kay & Pascoe LLP