Mediation When Agreeing Child Arrangements During Divorce

Upon separating, often the first concern of parents is the children, including where they will live and what the arrangements will be for the time that they spend with each of them. Most parents are able to reach an agreement as to what those arrangements are. However, in some instances, parents don’t always have the same view as to what is best for their children.

Mediation is a process that can facilitate discussions about the issues and the options and can help the parents reach an agreement without the intervention of the Court.

Using mediation when agreeing on child arrangements

Upon consulting a family lawyer, parents are nearly always encouraged to consider non-court dispute resolution services, including mediation, as an alternative to Court proceedings. All applicants are required to attend a Mediation Information and Assessment Meeting (MIAM) prior to making an application to the Court unless an exemption applies. At a MIAM, a mediator will explain about mediation and other non-Court processes and consider whether mediation is suitable in the circumstances.

In some instances, mediation is not suitable. This could be, for instance,  where there is domestic abuse and mediation would not be safe or if there are urgent issues that warrant the intervention of the Court. Mediation is a voluntary process, and it would not be suitable if one parent were unwilling to participate.

The benefits of using mediation to agree to child arrangements

There are a number of advantages to pursuing mediation and keeping all parties involved out of Court.

Firstly, it can help everyone – including children – move on to the next stage of their lives more quickly, as it is a much quicker process than litigation.

Secondly, it is not an adversarial process; mediation is a safe environment where discussions are confidential and without prejudice to Court proceedings, which means that participants should not be on their guard worrying that whatever they say or suggest as options can later be repeated to a Judge in a court process should mediation break down.

Thirdly, it is far less costly than litigation.

Fourthly, the parents are in control of the outcome as they decide the arrangements for themselves; the mediator is an impartial neutral, unlike a Judge or magistrates who will decide the outcome in the absence of any agreement. As such, this offers a parent complete peace of mind that, from the very beginning of the process to the conclusion, they retain control over the outcome.

Finally, as a consequence of these benefits, mediation is far less stressful than litigation, with more likelihood that separating parents will be able to maintain important family relationships.