Time for a reminder about the potential benefits of mediation?
Surprising figures were published recently by the National Family Mediation that show far less people are attending MIAM’s Mediation Information and Assessment Meeting (MIAM) than expected.
Since April 2014 it is has been compulsory before a separating couple can apply for a court order regarding their finances in divorce proceedings, or in relation to children matters, to attend a MIAM’s. However, figures obtained by a Freedom of Information request to the Ministry of Justice show that in 2014/15 only one in 20 applications for applications for private law proceedings to a family court followed the new ‘compulsory’ route – fewer than 5,000 out of 112,000 private law applications made to the court have followed this procedure.
It had been expected that Judges in our overcrowded courts would be keen to ensure that this procedure was being properly followed and yet the figures show that this is not the case. Seemingly the government policy aimed at promoting mediation as the preferred way of settling disputes over parenting, finance and property has fallen significantly short of its aims.
National Family Mediation Chief Executive, Jane Robey, said:
“By requiring separating couples to attend a mediation awareness meeting, the government’s aim was to introduce a cheaper and less confrontational alternative to court. But with fewer than one in 20 of couples even attending the initial meeting, let alone following that route through to its conclusion, the law has failed.
“We genuinely welcomed the law change requiring couples to explore mediation as an alternative to combative court proceedings. We knew it could not transform the culture of divorce on its own, but these figures suggest even this small government step has flopped.
It’s not just that this is a law, the truth is that settlements negotiated through mediation offer a brighter future for separating families up and down the land.”
What are the benefits of Mediation?
The Family Mediation Association sets out the main benefits of mediation which include:
Control of the situation
Family mediation recognises that you are the experts about your own family – it leaves the decision-making to you and your partner, giving you much more say in your future than having the decision made for you by a judge.
Less stressful and combative process
Mediation is about communication and openness rather than the potential hostility of legal negotiations – a trip to court is taxing for everyone, while mediation aims to reduce conflict between you and your partner so you can make decisions together. And, of course, the better the two of you are able to cooperate, the easier the separation is likely to be for your children.
Financial savings
Mediation is far less expensive than litigation. According to figures from the National Audit Office, the average cost per mediation client was £675 in 2012, compared with £2,823 per client for cases going to court.
Speed of proceedings
Solving issues through mediation is generally much faster than going through court: 110 days on average, against nearly 450 for non-mediated separations or divorces. The time the mediation will take very much depends on the individual case, but with the average mediated resolution nearly four times shorter than the average court separation, mediation is a much quicker route to a solution.
Mediation will not be suitable for all separating couples but where it is it can lead to parties reaching cost effective tailor made solutions in a timely manner.
The author of this article, Rachel Woodd, is an experienced mediator and can be contacted on rachel.woodd@jonesnickolds.co.uk or on 0203 405 2300 to find out more information.
If you have any queries about this article please contact jonesnickolds on 0203 405 2300 or contact@jonesnickolds.co.uk