Family Mediation

It is currently in the news that the Government wants to extend support for family mediation offering funding to couples for that purpose.

Mediation can assist. The purpose, it is said, is that it takes a family dispute at an early stage away from solicitors so that rowing parties cannot hide behind that symbolic barrier. However, the burden of mediation is that both parties need to come to it open-minded and prepared the negotiate. The benefit is reaching an early agreed conclusion without resorting to legal proceedings and the inevitable costs arising.

There are circumstances quite often when mediation is not appropriate and that is where one party is vulnerable, either by reason of coercion or abusive behaviour on the part of the other, and it is not always the husband that is guilty of that. There needs to be equality of arms, so both parties are able to put forward their position freely and openly. Mediation is confidential and it is designed to encourage parties to speak up.

Another occasion when the parties probably cannot agree to mediation proceeding is when they are either so far apart as to what they want to achieve or one of the parties declines to properly disclose their financial status in a financial dispute. There can be no question of having an open, full and frank discussion about matrimonial finances if the husband or wife is hiding capital or income from the other.

Mr Evans offers a free half hour interview to assess any case as to the appropriateness of mediation for the reasons given above. That also encourages the potential client to develop a professional relationship with a legal adviser so they can be confident they can work together to promote an early settlement outside mediation if that be the case.