A different approach to divorce

New rules for separating and divorcing couples mean that they now have to try mediation before going to the courts to resolve financial or childcare matters. Our partner and qualified mediator and family law specialist, Janet Baines answers your questions below and advises what the impact will be.

Q: What do the new rules actually mean for separating and divorcing couples?
A: In a nutshell, couples can still choose to go to court, but they must first attend a Mediation and Information Assessment Meeting (MIAMs), to find out if there are better alternatives, such as mediation or using collaborative law. This meeting is mandatory for anyone wishing to issue a court application in relation to financial or children matters following a relationship breakdown (unless there are domestic vioence issues). I'm fully qualified to conduct these MIAMs.

Q: How long does it take to go through mediation?
A: Every case is different, but the most obvious advantage of  mediating is that it is likely to be far quicker than going through the court process, which, for example in relation to financial claims following divorce, could take 10 months to sort out. In contrast, mediation can typically resolve issues in two or three meetings, or occasionally just one. Clearly, that saves money as well as time. The same is true for taking a collaborative law approach, which focuses on using cooperative rather than adversarial strategies.

Q: What are the pitfalls of choosing to go to court?
A: Once you're in a courtroom, all the decisions will be made by the judge. It can be a strange scenario, particularly if children are involved, as you will have to maintain contact with your ex-partner afterwards. Even if you 'win' your case, it can create more damaging conflict for you to deal with in the future.

Q: How is mediation different?
A: Most importantly, you keep a lot more control if you choose mediation. It takes place in a much less intimidating environment with a mediator whose sole role is to get the best possible outcome for everyone. You can also choose to discuss things you wouldn't be able to raise in a courtroom, as you are not restricted by the law. It is more flexible and gives you a 'safe' forum for what are clearly going to be sensitive, emotional discussions.

Q: When does mediation work best?
A: It's ideal for people who want to keep a degree of control and who are in a good position to make decisions about their future at their own pace. If children are involved, it can be the best way to discuss childcare arrangements. It's very important for children to feel that their parents are working together to put their needs first and are making plenty of effort to communicate about them. This is a lot more easily done in a mediation meeting than in a court room.

Q: How do you feel about acting as a mediator?
A: It is something that I really enjoy. I am a collaboratively trained solicitor as well. It allows me to be flexible in how I think and I take a positive approach, so mediation really suits me - it allows me to do the best I can for people.

Our team of family law solicitors have a wealth of experience in all aspects of family law services. We understand that mediation can be a daunting and emotional experience. Our team of solicitors are approachable and open and will explain the legal process so that you understand what is happening and why.

To speak to a expert about mediation contact partner Janet Baines on 0844 346 3147 or email her at jbaines@walkersmithway.com for further advice and assistance.

For more information download our mediation information sheet or visit our mediation webpage.

View our press release on divorce mediation here.