Family Mediation in UK. ADR Alternative Dispute Resolution

Mediation is a confidential way for couples to arrive together at fair, long lasting arrangements, thus reducing the pain and trauma associated with separation or divorce. With the help of an impartial mediator, or pair of mediators, couples can safely air their differences and constructively arrive at financial settlements and arrangements for children that they as a couple chose and work out, rather than having judges or lawyers making decisions for them.

Mediators do not give legal advice and do not represent individuals, although mediators can be solicitors or other professionals who deal with families. When proposals are reached by the couple, a summary is drawn up by the mediator(s) which each of the couple will take to the their own solicitor who will consider whether to turn it into a legally binding agreement, and also take care of any other legal formalities such as the divorce itself.

If you are eligible for public funding then you maybe entitled to free mediation, along with free "Help with Mediation" from a solicitor.

Hartnell Chanot & Partners

At Gardner Leader we employ trained mediators whose aim it is to help separating and divorcing couples to resolve the problems arising from the breakdown of their relationship, especially in respect of their children.

Our in-house mediation service is available to people who have already engaged a solicitor to legally represent them.

If you are interested in the mediation service please contact us for an informal chat and to arrange a first session.

If you would like further information regarding our services please contact us.

Family Mediation Service
An alternative approach to solving family problems.

What is Family Mediation?

Family Mediation is the use of an impartial person to guide disputing parties, help them make informed decisions using conciliation to develop mutually acceptable agreements within a confidential framework.

Benefits of Family Mediation

* Promotes communication and co-operation
* Allows you to control the decisions affecting your life
* Typically less costly than litigation
* Benefits children by reducing conflict
* Confidential and legally acceptable
* Generally requires less time than litigation allowing you to move on with your life

FAQs - please see our Disclaimer

What does Family Mediation Involve?
Attending joint mediation sessions of approximately 1 ½ hours each over a period of time to suit you. Typically this involves between 3 and 6 sessions.

What kinds of problems can it help to solve?
Mediation can be used for a variety of situations including financial and co-habitation disputes, problems over contact with a child or residence disputes

Do you have qualified staff providing this service?
Yes. Fiona Apthorpe and Adrian Rose are solicitors and Family Law Association trained Mediators. We offer a mediation service at either of our 2 offices.

Is this service expensive?
Mediation is typically much quicker and cheaper than negotiating through solicitors or going to court. We can quote realistic estimates of cost on request.

Key Contacts

Fiona Apthorpe Solicitor, Head of Department and Adrian Rose, Associate Solicitor.

Robinsons Family Mediation Department can offer mediation at any of our two offices in Derby and Ilkeston.

We have a contract with the Community Legal Service enabling us to conduct family mediation for publicly funded clients as well as private clients.

With Robinsons Family Mediation Service you can be assured of a sensitive, efficient and cost effective service. Robinsons solicitors

What is Family Mediation?

Family Mediation is a process in which a highly trained, independent, professional mediator assists those involved in family breakdown to make arrangements for themselves and their children instead of seeking dispute resolution in the more contentious way through solicitors or a court.

Mediators are impartial and their role is to manage the process so that couples will be able to explore the issues and concerns they have. Mediators do not have power to impose decisions but assist the couple towards making their own joint decisions.

The Mediators role is to reduce conflict by helping couples to consider the issues that need to be settled and the various options for settlement that may be available to them. Mediators help couples work towards financial settlement and focus on children’s needs encouraging parental cooperation wherever possible.

Family Mediation is not counselling nor is it an attempt to help couples reconcile.

The benefits of Mediation

Mediation is quicker and less expensive than dispute resolution through the courts.

The process helps couples to cooperate limiting further damage to their relationship.

It is less stressful and upsetting than the court process and decision making rests with the couples. Rosleys Solicitors

Resolving Disputes Cost-Effectively

Over the last ten years or thereabouts, the practice of adopting mediation and Alternative Dispute Resolution (ADR) has developed rapidly in the United Kingdom . Approval for mediation/ADR has been expressed by senior members of the judiciary as well as in various reviews that have been carried out by the Law Society.

Although mediation has proved to work successfully in matrimonial disputes, an increasing number of civil disputes are now being settled by way of mediation and ADR. Civil Litigation lawyers are now encouraged mire than ever before to use mediation before trials unless they are able to provide specific reasons for exemption.

It is clear that some civil cases will inevitably proceed towards a final hearing or trial, whilst other cases will be more suitable for settlement by agreement. Settlement of litigation out of court is already an essential feature of our Civil Justice system. It is often the case that as parties approach the final trial, they begin to express a preference foe settlement out of court. This usually occurs at a stage in the litigation when both parties have already incurred substantial legal costs.

Accordingly, mediation allows parties to explore settlement at an earlier stage in the litigation and puts in place procedures that can assist in resolving cases in a more pragmatic and cost-effective manner.

Mediation offers a more structured negotiating forum to parties compared with traditional out of court settlement negotiations. For instance, high value civil/commercial cases will benefit from having the involvement of a mediator who can through effective mediation tactics “tease out settlements from difficult negotiations”. In the normal course of events, any disagreement between parties would result in a flurry of correspondence, threatening termination of a relationship or contract followed by legal action. The added advantage of mediation is of course that they will reach a speedy settlement reflecting commercial and personal interests as well as engaging in a cost-saving exercise. This is even more the case where parties need to preserve their business relationships.

It has however been the case that parties are reluctant to become involved in mediation even though their case could be amenable to formal mediation. Getting parties on board is usually the difficult task. It has often been the case that one party refuses to agree to use mediation because for example, they assume that it implies some form of award or procedure to split the difference. Furthermore, it is also the case that parties are in fear of the unknown and believe that their attempts to mediate will be perceived as a sign of weakness.

For reasons such as these there has in the past been a limited use for mediation within civil litigation. It is imperative however that parties consider the appropriateness of using mediation in their case at the outset. These procedures are designed to ensure that an effective forum can be put in place where lawyers and clients want to actively have a go at settlement or even issue refinement at the earliest feasible stage.

This is also the logic that is applied to most commercial contracts which contain ADR clauses to direct negotiations in amore objective third party forum. Mediation is a positive step that parties can take to resolve a dispute that will inevitably have financial implications for them both.

A successful mediation conducted by a trained mediator and involving committed parties can lead to a “win-win” situation, where both parties come away from the dispute with the feeling that they have achieved something. What is clear however is that many individuals are missing out on a valuable mechanism that can be used to their advantage to avoid lengthy and expensive litigation.

Gurpreet Birdi

Chadwick Lawrence Solicitors