IT’S GOOD TO TALK – Separating? Have you considered Mediation?
Those of us of a certain age will remember the mid 90s BT adverts starring Bob Hoskins where the catch phrase “It’s good to talk” was coined. The advertising campaign highlighted the value of communication and connection, emphasizing that talking and sharing can lead to better relationships and understanding. The same can be said about Family Mediation – an alternative way of resolving a family law disputes – whether that be a divorce or separation, or a disagreement as to arrangements for a child or children.
“Often people are coming to see us when they are at their most vulnerable”, says Lynne Mulcahy, family law partner at Balfour+Manson, “and it’s completely natural to have concerns about how to manage communication with their former partner, costs and how long things might take to work out. We can’t wave a magic wand and take away all of these worries, but we can offer our clients options that might make these worries feel a little less scary and might give them a potential pathway to an easier, cheaper resolution.”
One such option is family mediation. Kirsten Knight, family law partner at Balfour+Manson comments “we encourage our clients to have direct discussions with their former spouse or partner where this is appropriate. Often at least certain things can be worked out by speaking to each other. However often we hear clients saying that their conversations always end up in an argument or they feel they can’t speak to them directly for fear of how they will react. Family mediators can help to make these discussions happen and happen in a productive way that allows for everyone to air their concerns and worries and try and allow them to reach solutions that they feel comfortable with.”
Separating couples can’t instruct the same solicitor to act for them both – there are strict rules preventing this. However separating couples can appoint the same family law mediator to work with them both on having the difficult conversations that need to take place surrounding separation and/or children. The mediator is impartial and is not there to tell clients what to do or to steer them in a particular direction. They have an understanding of the law and how this operates and can guide the parties to provide and share the information they will need to consider matters properly and to have discussions about what they both want to happen. Parties are encouraged to engage with their own family law solicitor as well who will be there in the background to give legal advice to the parties on any options discussed during mediation and to formalise anything the parties agree should happen following mediation.
Mediation doesn’t take away the pain of a separation or a dispute, but it provides a forum for proper discussion and reflection on what both parties want to achieve and it puts the control firmly in the hands of the parties, who with the help of the mediator, can look work out what is best for them and their family.
Both Lynne and Kirsten are accredited family law mediators and can be instructed either as solicitors for a person who has a family law dispute or as mediators for a couple who wish to use family mediation.
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Kirsten Knight
IT’S GOOD TO TALK – Separating? Have you considered Mediation?
Those of us of a certain age will remember the mid 90s BT adverts starring Bob Hoskins where the catch phrase “It’s good to talk” was coined. The advertising campaign highlighted the value of communication and connection, emphasizing that talking and sharing can lead to better relationships and understanding. The same can be said about Family Mediation – an alternative way of resolving a family law disputes – whether that be a divorce or separation, or a disagreement as to arrangements for a child or children.
Separating couples can’t instruct the same solicitor to act for them both – there are strict rules preventing this. However separating couples can appoint the same family law mediator to work with them both on having the difficult conversations that need to take place surrounding separation and/or children. The mediator is impartial and is not there to tell clients what to do or to steer them in a particular direction. They have an understanding of the law and how this operates and can guide the parties to provide and share the information they will need to consider matters properly and to have discussions about what they both want to happen. Parties are encouraged to engage with their own family law solicitor as well who will be there in the background to give legal advice to the parties on any options discussed during mediation and to formalise anything the parties agree should happen following mediation.
Mediation doesn’t take away the pain of a separation or a dispute, but it provides a forum for proper discussion and reflection on what both parties want to achieve and it puts the control firmly in the hands of the parties, who with the help of the mediator, can look work out what is best for them and their family.
Both Lynne and Kirsten are accredited family law mediators and can be instructed either as solicitors for a person who has a family law dispute or as mediators for a couple who wish to use family mediation.