Prosper Spring

COMMERCIAL FEATURE: THURSFIELDS
Keep talking: Why mediation can
be your best course of action
Is mediation and other
alternatives to the traditional
court process the way forward
in family cases? Two senior
family law solicitors at
Thursfields Solicitors believe so...
Laura Williams and Hannah Nicholls are also
trained mediators and are witnessing
first-hand the benefits to client’s that
resolving their family disputes outside of
the court arena can bring.
The use of mediation and other dispute
resolution processes has been widely
encouraged by senior family judges and
other professionals who work with children
and families for some time, however it has
only more recently started to gather more
publicity and popularity with lawyers and
their clients.
Why is this? The overwhelming pressure
on the courts is certainly a factor, which is
resulting in court proceedings taking
significantly longer to conclude. It is not
unusual for cases involving disputes over
child arrangements to take over 12- 18
months to resolve (and even longer in some
cases), and for cases involving the dividing
of family assets significantly longer. Not
only does this place an enormous emotional
strain on children involved, and the family,
but it also means legal costs are increasing
significantly.
But it is not only the delays and
attributable costs of the court system which
are resulting in the increasing participation
in mediation and other processes. The court
process for dealing with all types of family
dispute, is unpredictable and complex.
There is no guarantee that a judge or bench
of magistrates will make a decision that you
feel is right for you or your family. They do
not know you or your children and only have
a snapshot of insight into the family
dynamic.
Although your lawyers can advise you on
the considerations that the court must have
when making informed decisions, they
cannot tell you with any degree of certainty
exactly what order a court will make. This is
because the court has a wide discretion
when making orders in family cases, and
what one judge may feel is fair and
appropriate in the circumstances, may be
notably different to that of another.
The court process is also combative in
nature. It heightens tensions and conflict
rather than appeasing it. This can lead to
long term and irreparable damage being
caused to family relationships, individual
family members mental health, and the
ability of that family to be able to parent
their children in a way that they want to and
what will be of most benefit to their children
in the long term.
‘‘
Mediation offers an alternative
where couples and family
members can attempt to
address and resolve their issues
in a neutral, safe and impartial
environment.
‘‘
Mediation offers an alternative where
couples and family members can attempt to
address and resolve their issues in a neutral,
safe, and impartial environment. A trained
mediator will assist by facilitating
discussions in an attempt to resolve issues
which are in dispute. The aim is for families
to find an informed way forward which they
decide for themselves and having control
over decisions which can work practically,
financially, and emotionally for them in the
long term. The process allows for parties to
continue to take legal advice in the
background should they wish to so that they
can be assured they are making informed
decisions.
Other processes such as arbitration, early
neutral evaluation, collaborative law, and
solicitor round table meetings should also
be explored with clients early on in the
family breakdown, as they are also
processes designed to limit conflict and
assist in reaching resolution at an early
stage.
Court proceedings will of course still be
necessary in certain circumstances, but it is
important that full consideration is given,
both at the outset and during the process,
as to whether an alternative can and should
be implemented in order to provide the
best possible outcome in the long term.
For advice contact Hannah Nicholls and
Laura Williams on 0345 20 73 72 8
or info@thursfields.co.uk
PROSPER SPRING 2023 31