Child Care Solicitors

Mediation is an alternative to litigation and can be used to settle family disputes and/or make arrangements about children, finances or other personal matters. The aim of mediation is to find a solution and make arrangements for the future.

The mediator is an independent person who can help parties discuss the issues in dispute .A mediator cannot provide legal advice nor will they adjudicate and tell participants what they should do. Instead the mediator will facilitate the process, assisting the participants to identify, explore and communicate all issues in a balanced way so as to come to a proposal for an overall solution. This can be an empowering process as the parties can make decisions themselves without the involvement of either solicitors or the court.

If parties are able to come to an understanding, the mediator will prepare a memorandum of understanding, noting that which has been agreed. This is not a legally binding document. If both participants agree, this can be taken to a solicitor and used to make decisions legally binding in court.

Mediation is a voluntary process for all concerned and may not always be an appropriate way to settle a matter, for instance where there is a history of domestic violence. If required, parties can be seen separately by a mediator; however it is very important that the parties are allowed to make decisions without fear or pressure.

The appropriateness of mediation will depend on the individual circumstances of each case.

It is compulsory that a referral is made to mediation before an application can be made for a public funding certificate. If the matter cannot be settled by means of mediation or mediation is not appropriate or parties are unwilling to engage, an application for public funding can be made so as to apply for a court order in relation to the matter.

Author – Emma Good is a Family & Child Care Caseworker at Legal 500 Duncan Lewis’ Tooting Branch.

By Emma Good