What role does mediation play in resolving high-value family law disputes? Just because a case is high value does not mean it has to be decided by a Judge. There are many alternative processes which enable couples to retain control over their own destiny. Divorce law requires a fair financial settlement which meets needs. Who is better placed a) to understand those circumstances; and b) to determine fairness - a Judge or the people who have accrued the wealth and understand those circumstances better than anyone? Divorce’s ripple effect causes uncertainty and distress for the couple, their friends, family, and, most importantly, their children. It is a fact that, whilst children can live quite happily between separated parents, they are damaged by parental conflict. The court process is adversarial - sitting opposite your ex in a court room and hearing their lawyers pull your case apart can inevitably increase bad feeling between you. It is almost impossible to protect your children from the emotional impact. To do it differently, couples need the right lawyers who can put together a team of professionals to provide the right support. A skilled Lawyer Mediator will provide guidance on what professional input is required to value assets and advise, in a neutral way, on valuation and technical issues. Having their lawyers present in the hybrid mediation process helps the couple to confidently understand the advice and their options. The mediator manages the process and the negotiation. Alternatively, the couple can instruct their own collaboratively trained lawyers who put that team together and conduct the negotiations. These processes provide a safe, impartial and confidential environment in which couples are supported to make lifelong decisions. Ideally the team should include a qualified divorce coach, working together or individually with the couple, helping them navigate their enormous challenge. Their involvement can save cost. Lawyers are expensive and not trained to provide the emotional and practical support so many separating couples so badly need. If both parties agree to mediation, what happens next? Mediation involves a trained, impartial mediator like me guiding both parties through confidential and voluntary discussions. Family mediators are neutral – while they cannot give advice, they can provide really useful legal information about how legal processes work and available options. At the outset the couple sign an ‘Agreement to Mediate’ to enable negotiations to continue on a ‘without prejudice’ basis. Agreed arrangements can be approved on paper by a Judge and made legally binding. The process can be completed in as many or as few meetings required to reach agreement. What is child inclusive mediation, how does this work and what are the benefits? Relationship breakdowns can be devastating for children who are understandably anxious about what lies ahead for them. Child-inclusive mediation can enable parents to put children’s wellbeing at the heart of their breakup by working together 42 LAWYER MONTHLY FEBRUARY 2024 Child-inclusive mediation promotes a spirit of cooperation and communication between separating parents to work together in their children’s best interests.
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