The Benefits of Mediation for Conflict Resolution and Legal Disputes

• Posted onJanuary 23, 2025

Family mediation can be an excellent way for separating or divorcing couples to reach solutions which work best for their situation and that of their family.

Accessibility of Family Mediation

The Family Court statics show that from July 2024 to September 2024 there were 11,868 financial remedy applications, up 7% from the same period in 2023.  Private law applications to court involving children stood at 13,103 for the period from July 2024 to September 2024, up 1% on the same period in 2023.  The court also released data to say on average it took 41 weeks to reach a final order.

It is also important to remember when at court you have little to no say as to the timetable or when the next hearing will be.

By contrast mediation can be arranged immediately and for a time and date that suit you and your family.  The frequency, length and number of follow up sessions can be arranged to suit the separating couples needs.  Access to mediation is therefore much easier, more instant and more flexible to arrange.

Mediation is More Cost-Effective Than Litigation

Instructing a solicitor and barrister to represent you and attending multiple hearings is expensive.  Litigation is likely to cost you in the region of £10,000-£15,000 or more whereas at mediation you can expect to spend around £1,000.

Less Stressful and More Relaxed Environment

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 will use their professional skills to help relax the couple, to encourage discussion and assist the couple in finding solutions which work for them and the family.  You have the freedom and time to discuss the issues important to you and the welfare of your children

Retain Control Over the Decision-Making Process

Mediation is a voluntary and self-determining process.  This means you and your ex-partner decide the pace of the mediation and the issues you wish to discuss.  The mediator will not tell the couple what to do and will not make decisions for them. The mediator will use their skills to help facilitate and assist the couple in reaching a solution.

This is in contrast to the court where there will be limited time to discuss the issues, where the issues will be restricted to those contained within the application, the agenda and direction of the hearing will be set by the judge and the judge will make the final decision which will then be imposed on the parents.

Ultimately the greatest benefit of mediation is that the decision-making process and result is in your hands, so you can make the best decisions for you and the family as opposed to a judge imposing a decision on you.  This allows for a more rounded solution covering the issue that matter to your family.

Better Chance of Communication for Co-Parenting through Mediation

If you have children then you will likely need to co-parent after the separation.  Court can often feel like a win/lose situation.  This can have a negative 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.