Benefits of Family Mediation for Co-Parenting During Separation or Divorce.

• Posted onNovember 4, 2024

Cafcass (Children and Family Court Advisory and Support Service) have set out the benefits of using family mediation when it comes to separating couples resolving disputes surrounding their children.

“Mediators can help you find a solution to your disagreements, plan for the future and agree on what will work best for you and your child without having to go through the court process. Mediation provides you with the space and time to think about what is important for your child, for you and the whole family.” – Cafcass

Why choose mediation for co-parenting disputes?

As can be seen from that short statement above there are many benefits from using mediation to resolve disputes involving the children.  Mediation can be a great method for resolving the disputes and ensuring that the proposal you agree puts your children’s interests at the centre of any solution.

Below we look at few of the main advantages of using family mediation to resolve matters involving children.

Access to mediation services faster

The Family Court statics show that from January to March 2024 there were 14,155 new children applications made and it was taking on average 44 weeks to reach a final order.  It can often take between 6-8 weeks to get a first hearing.  By contrast mediation can be arranged immediately and for a time and date that suit you and your family.  Follow up sessions can be arranged to suit the separating couple as can the number of session.  Access to mediation is therefore much easier, more instant and more flexible to arrange.

Better communication through mediation for co-parenting

Often the outcome of going to court can make a parent feel as though they have either won or lost and this can then impact on their ability to co-parent, which has a negative impact on the children.  Mediation encourages conversation and discussion between the parents.  This in turn helps the parents to move forward in a constructive manner.  This can be extremely beneficial in ensuring they successfully co parent and which ultimately benefits their children.

Maintaining control during the mediation process

Mediation is a voluntary and self-determining process.  This means that the parents have jointly decided to enter into mediation.  In contrast you will be ordered to attend court.  At each mediation sessions the parents will decide what they wish to focus on, what is a priority for them, how long the session will last and when the next session will be.  The mediator will not tell the parents what to do and will not make decisions for them. The mediator will use their skills to help facilitate and assist the parents in reaching a solution that works for them and the children. In contrast, court hearings have limited time to discuss issues, which are restricted to the application. The judge sets the agenda, directs the hearing, and makes the final decision, which is imposed on the parents.

In mediation the parents will have the opportunity to reach a solution they believe best works for them and their children.  The parents know their circumstances and their children better then anyone else and are often best placed to decide the solution.  In contrast at court a judge who has not met the children will make a decision they believe is in the best interest of the children based on the parents statements and a report from Cafcass or the local authority.

How mediation helps achieve better co-parenting solutions

The outcome at court will be limited to the terms of the order made by the judge.  Mediation offers the parents the opportunity to consider all aspect of co-parenting not just the contact arrangements or other specific issues that may be resolved at court.  For example the parents can consider how they would like to parent children post-separation or how they will tell the children about the separation and the change in circumstances.  These are important matter that can be discussed and recorded in a parenting plan and ensures the welfare and best interest of the children are central to any discussions and the final agreement.

Creating a low-stress environment for dispute resolution through mediation

The mediator is neutral and impartial.  This means the mediator will not pass judgment or tell the parents what to do.  The mediator is there to facilitate the discussion and help the parents explore options so they can reach  an outcome that works for them and the children.

Mediation will take place in a more relaxed and welcoming environment than a formal courtroom.  At court you will have to follow set protocols and procedures, you need permission to speak and must adhere to the directions of the judge.  It is the judge’s courtroom not your room.  In mediation, the mediator uses their skills to relax the couple, encourage discussion, and help parents find solutions that work for them and their children.  You have the freedom and time to discuss the issues important to you and the welfare of your children.

Cost efficiency of mediation for co-parenting compared to litigation

Instructing a solicitor and barrister to represent you and attending multiple hearings is expensive. Litigation can cost £10,000-£15,000, while mediation typically costs around £1,000.

Support from additional professionals

The mediator can provide legal and other information.  They cannot give legal advice and you may wish to seek this from a solicitor during the process. Mediators can refer you to professionals like counsellors or family therapists who can support your family.

Understanding the limitations of mediation

At mediation it may not be always possible to reach a solution on all issues.  Some issues may remain unresolved and need the input of the court.  But narrowing the issues before going to court can save the parents time, stress and costs.

Voluntary and confidential nature of mediation for co-parenting

Attending mediation is voluntary.  You will not be ordered to attend and can stop the process at any time. The process is confidential so the discussions and ideas shared within the process will not be repeated outside of mediation.

Whatever your situation, we are here to help. Please get in touch to learn how we can assist you and your family’s future without going to court. Get in touch with our Family Law Team using the form in the sidebar of this page. Alternatively, you can call us on 01453 847200  or email us at contact@wspsolicitors.com