When it comes to legal disputes, discovering common ground can often seem like a constant up-hill challenge. Litigation, the formal legal process of resolving disputes through the court system, can be time-consuming, costly, and emotionally draining for all parties involved. It often ends in two outcomes, leaving one party victorious and the other defeated. However, there exists an alternative approach that offers a more efficient and collaborative means of resolving conflicts, mediation.
What is Mediation?
Mediation in legal terms is a process where people or businesses in a disagreement work with a neutral party, called a mediator, to resolve their issues. It’s voluntary and private, unlike going to court.
During mediation, the mediator helps everyone talk openly and figure out solutions together. They don’t decide who’s right or wrong, but instead guide the conversation towards finding common ground.
This method is used for all sorts of problems, like family disputes over divorce or custody, as well as business disagreements. It’s popular because it’s cheaper, faster, and helps keep relationships intact.
The Legal Framework for Mediation in UK Family Law
In the UK, Mediators facilitate discussions on issues such as divorce, child custody, and financial settlements in a confidential and respectful manner. Mediation stands as a cost-effective and swift alternative to litigation, enabling families to resolve disputes amicably and efficiently. Below are some the key legislation:
Family Law Act 1996
This act introduced provisions encouraging parties involved in family disputes to consider mediation before taking their case to court. It promotes the use of mediation as an alternative dispute resolution method.
Family Procedure Rules
These rules, set out in the Family Procedure Rules 2010, govern the procedure for family proceedings in the courts of England and Wales. They include provisions promoting mediation and require parties to attend a Mediation Information and Assessment Meeting (MIAM) before making certain applications to the court.
Children Act 1989
This act focuses on the welfare of children involved in family disputes. It encourages parents to resolve disputes through mediation and considers the child’s best interests as a primary concern.
Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO)
LASPO introduced significant changes to the provision of legal aid, including funding for mediation services. It requires parties to attend a MIAM to assess their suitability for mediation before they can access legal aid for certain family matters.
Family Mediation Council (FMC) Guidelines
The FMC provides guidance and sets standards for family mediators in the UK. These guidelines ensure that mediators adhere to professional standards and best practices in conducting mediation sessions.
Common Issues Addressed in Dispute Resolution
Mediation serves as a platform for addressing a broad spectrum of both personal and professional related issues, including:
- Division of assets and responsibilities during divorce proceedings
- Establishing equitable arrangements for child custody and visitation
- Financial settlements and support agreements
- Formulating effective communication strategies
Choose Axis Professional for Efficient Resolution
Axis Professional offers fixed-fee dispute resolution services with Simply Litigation. Our commitment lies in facilitating collaborative resolution processes that prioritise the interests of all parties involved. Whether navigating a complex legal dispute or seeking amicable family resolutions, our dedicated team stands ready to assist.
