By Ribet Myles Family Lawyers – Specialists in High-Value and Complex Divorce

Edited by Alison Schmidt - Solicitor

Alison is an experienced family lawyer advising on all areas of private family law, having practised over a 20-year period at leading niche family law practices in London and Yorkshire, with particular expertise in complex financial matters and private law children matters including cases with an international element. More recently Alison has broadened her practice by training as a specialist family law mediator.

and by Saffiya Sheikh – Solicitor

Saffiya advises on all aspects of family law, from financial arrangements and children matters arising on separation, to cohabitation and nuptial agreements. Saffiya has worked on a wide range of cases, including complex financial disputes involving trusts, business assets, and situations where key financial information has been withheld.

Following the launch of Ribet Myles’ in-house family law mediation practice, Alison and Saffiya explore the mediation process and its benefits:

What is mediation?

Mediation is a voluntary process in which parties work with a professionally trained and neutral mediator in order to help resolve disputes relating to children or financial matters.

It is a process which can be used by parties at any stage but, particularly, at the outset of any dispute before court proceedings are considered.

There are different types of mediators. Some specialise in family law and often have a background in practising as a solicitor or barrister. However, it is not the role of mediator to advise the parties on the legal merits of their positions. The mediator will speak with each party in-depth to understand what is most important to them and where there may be areas of compromise. They will then work with the parties to bring their respective positions closer together with the aim of reaching an agreement.

It is usual for parties to instruct a lawyer separately who can advise on the legal aspect of the discussions and potential solutions.

The benefits

There are many benefits in attending mediation:

It is a more cost-effective way to reach an agreement rather than solicitor-led negotiations or court proceedings. Mediation usually involves 3 to 5 sessions depending on the issues.
It is much quicker than court proceedings. The average length of time for court proceedings for both children and financial remedy proceedings is 18 to 24 months (from application to final hearing).
It is less contentious and less likely to raise tensions between the parties.
All discussions and proposals are ‘without prejudice’ which means that they cannot be referred to in open correspondence or at court. For children matters, this is the only forum in which ‘without prejudice’ discussions can be had. However, this does not include any discussions relating to either party’s financial disclosure which are inherently open.
The court expects parties to explore Non-Court Dispute Resolution (unless mediation is deemed inappropriate – see below) and if they are deemed not to have engaged reasonably then there may be adverse consequences, such as Cost Orders made against them.

Different types

There are many different types of mediation to suit every family’s unique situation and needs and, within each type, consideration can be given to the mediation taking place in person or online via video conferencing platforms such as Zoom or Teams.

These include:

Traditional mediation

The traditional form of mediation is where both parties sit together (or on the same video conferencing screen) with the mediator to discuss the various issues between them. The role of the mediator is to aid the parties in communicating clearly with each other and narrow the issues between them. This is mostly suited to parties who are able to communicate broadly amicably with each other and are comfortable with being in the same room with each other.

Shuttle mediation

If parties prefer not to be in the same room as each other, then shuttle mediation may be more appropriate. This is where the parties sit separately and the mediator moves back and forth between the two rooms, relaying the discussions had with the other party.

This can be very effective for high conflict situations where the parties are not comfortable seeing each other face-to-face to discuss these sensitive issues.

This can also take place online, with the mediator shuttling between the parties on separate screens.

Hybrid mediation

Where there are cases which involve complex legal issues, it may be beneficial to draw on the advice of other professionals (such as lawyers, financial advisers, independent social workers, psychologists) to aid the parties with their discussions. This is called hybrid mediation.

As part of this model, the parties can also choose to be joined by their lawyer to provide contemporaneous legal advice.

A hybrid mediator is specifically trained for this method and will only share information between the parties that they have been authorised to disclose. Unlike traditional or shuttle mediation, this allows the mediator to have confidential meetings with each party.

Co-mediation

Typically only one mediator is involved but every mediator has a different set of skills, background and expertise and in some cases it may be appropriate to consider co-mediation, where more than one mediator is involved (usually two). The parties may wish to draw on the specific experience of more than one mediator to assist with their discussions. For example, one mediator may have a legal background and the other a therapeutic background.

The co-mediators will attend the sessions together and work as a team with the parties to clarify the issues, manage any conflict and ensure that both parties’ positions are made clear to the other. They may separately meet together to discuss the progress and plan next steps.

Child-inclusive mediation

There is a specific type of mediation available in children cases where children, who are old enough to express their thoughts clearly, can be involved in the process if they and their parents wish. Child-inclusive mediation involves a specialist, trained mediator who meets separately with children in a neutral, safe space to ascertain their wishes and feelings. This allows for the children to feel their voice is being heard whilst also ensuring they do not feel like they are having to choose sides or that the burden of the decision lies with them.

Discussions with the children are kept informal and handled in an age-appropriate way. The discussions are confidential and only agreed-upon information will be relayed by the mediator to the parents who can be guided by the children’s views when deciding what is in their best interests.

Exceptions

Mediation is not suitable in every case. For example, it is not appropriate in the majority of cases where there has been domestic abuse, where there are safeguarding concerns about the children or where an urgent Court application is required.

Mediation is also a voluntary process so both parties must be willing to participate and engage fully in the process.

How we can help

At Ribet Myles, we have a specialist mediation practice headed by solicitor Alison Schmidt who is a trained mediator with the Family Mediators Association (and currently also working towards accreditation with the Family Mediation Council). Alison is available to conduct mediations online or in person at Chancery House, 53-64 Chancery Lane, London WC2A 1QS or No. 1 Aire Street, Leeds LS1 4PR (or elsewhere by individual arrangement).

Contact Alison to get started with mediation: Email | Call

We separately represent clients who take part in mediation with third party mediators by advising and supporting them with the discussions had and to guide them in the right direction.

Should you wish to explore mediation in more detail then please do not hesitate to contact us.