It’s Family Mediation Week. The Family Mediation Association ‘FMA’ aims to raise awareness of mediation and how it can help separating families manage their issues collaboratively and productively. We support Family Mediation Week and thank the FMA for all their hard work. – #FamilyMediationWeek – #ABetterWay -.
So why don’t more separating couples mediate?
Clients tell us that they find the mediation process supportive and that it not only resolves their issues, but also improves their communication. However, there are many separating couples still battling in court. Litigation is very expensive and the court route is full of delay and uncertainty. Finances and child arrangements can be agreed quickly and cost efficiently in mediation. Mediation creates a safe space to have difficult but necessary conversations. So why don’t more separating couples mediate? Fear. They worry that mediation won’t result in an agreement that adequately meets their needs. They may believe that their spouse knows more about their finances or is a more persuasive communicator and will convince the mediator to take their side. However, the mediator is trained to ensure the process is fair and each participant is updated and fully informed. Each spouse is listened to and their concerns are taken into consideration. Power imbalances are also identified and addressed. The participants make their own decisions and retain full control. Mediators welcome solicitor’s advice so clients feel safe to make decisions about their future. Sadly, many cases that are suitable for mediation end up in court. The court looks for fairness and not winners and so often the financial and emotional investment is disproportionate to any gain.
Divorce is a huge trauma – let’s all support separating couples
Divorce/separation is a huge trauma for spouses and their children. Very few take the decision to divorce lightly. Family Law needs to respect their difficult decision and the divorce process should facilitate an amicable end to each marriage. To children their separated parents will always be their family. Blaming one person for the demise of the relationship promotes conflict not peace. Reform is coming and not before time. However, society as a whole also needs to support separating couple. Whilst a family member or friend may be hurting and need a shoulder to cry on, we also need to support them in their transition from spouse to co-parent. This means focusing on the future and not a past that cant be changed. Co-parents are parents who are each actively involved in their children’s lives after separation. These parents communicate respectfully and exchange info to keep children emotionally and physically safe. It isn’t always easy but they persevere. Children need both parents and its parental conflict that harms them more than the divorce. Children learn from their parents and ‘divorcing well’ teaches children that whilst not every marriage lasts forever, there is a dignified way to separate that keeps children safe and protected. Mediation supports and facilitates this. Entering into a court battle over finances and children should always be seen as a last resort. It’s important that all family law professionals regularly ask themselves if all their advice or interventions are child focused and likely to promote the transition from spouse to co-parent. It’s the duty of parents, friends, family, professionals, The Ministry of Justice and the media, to make divorce less stressful for children and promote more amicable divorces that create co-parents and not long term conflicted parents.
Author: Sara Stoner, Family Mediator, Broxbourne & Potters Bar
Call us on 01908 231132 or Email: info@focus-mediation.co.uk for further information or to book a Mediation Information & Assessment Meeting (MIAM) (11 Locations: Milton Keynes, Bedford, Broxbourne, Hemel Hempstead, London, Northampton, Oxford, Potters Bar, St Albans, Harrow and Watford).
Read more about family mediation at: www.focus-mediation.co.uk