Jointly Qualified Mediator/Lawyers Specialising in Video Mediation
At Bonallack & Bishop, we believe the issues arising from relationship breakdown should be resolved as quickly and amicably as possible, particularly when children are involved. That’s why we look for alternatives to Court proceedings wherever possible. Family mediation online offers an effective, cost-efficient way for separating couples to settle their divorce or civil partnership dissolution from anywhere in the world with the help of an impartial third party mediator.
Our family lawyers regularly work with mediators to reach divorce, civil partnership dissolution and other relationship breakdown settlements, with excellent results. Our team includes Liam Oliver, an experienced family lawyer who is also a specially trained mediator whose insight is invaluable in enabling our clients to get the most out of their family mediation online experience.
Liam Oliver – our Jointly Qualified Family Mediator/Lawyer
Email or Call Us Now on FREEPHONE 0800 1404544 or One of Our Local Office Numbers to speak to our specialist dual qualified Family Mediator/Lawyer – FREE initial phone advice and a FREE 1st 30 minute appointment.
What is family mediation online?
Family mediation online is where the mediation takes place using Zoom or Teams video rather than in person. Its goals are the same as traditional family mediation, namely, to help separating couples reach agreement on their issues as quickly and amicably as possible. The method has gained traction in recent years, thanks in part to its convenience and cost-efficiency.
And the beauty of mediators using video is that it doesn’t matter where you live. So although we have for Wiltshire and Hampshire offices in Salisbury, Andover, Amesbury and Fordingbridge, our video mediator can represent you wherever your base – in England or overseas (provided it’s an issue the English and Welsh courts have jurisdiction to deal with).
What is family mediation?
Family mediation is a process through which an impartial third party, known as the mediator, assists a separating couple in resolving the issues arising from their divorce or civil partnership dissolution. But it can also help couples who are unmarried with the same sort of issues. Those issues might be what should happen to the family home, how their assets should be divided, and where their children should live. it can also help other family members, including grandparents if there are problems in them seeing any children of the family.
Family mediators provide impartial advice and assist couples in reaching practical solutions which seem fair for all involved.
Mediators are specially trained professionals who help the parties to a dispute reach an agreement on their issues. The role of a mediator is not to judge, take sides, or choose who is right or wrong but to facilitate open and constructive dialogue between the parties. You and your ex-partner are better placed than anyone to know what arrangements would work best for you and your family, and the mediator’s goal is to help you reach an agreement about the relevant issues.
Family mediators can have a variety of backgrounds, including family law, counselling, and education. But not all mediators are qualified lawyers to. At Bonallack & Bishop, Liam Oliver, our in-house mediator, is a dual-qualified family lawyer and mediator. As a result, he is not only an empathetic and skilled negotiator, but he also possesses an in-depth knowledge of family law and procedure. And we think that, in general, jointly qualified lawyer mediators provide a better mediation service – that’s because when you instruct a jointly qualified lawyer mediator, you get someone who really understands the legal aspects of your issues, and how the courts are likely to treat your particular case.
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What are the benefits of family mediation?
Mediation is a popular form of alternative dispute resolution in family cases, and for good reason. The process offers a range of benefits, including the following:
· It’s quicker than litigation. Mediations can often be arranged fairly swiftly and certainly far quicker than a Court hearing would be.
· It’s cheaper than Court proceedings. Litigation can be really expensive, so it should generally be viewed as a last resort. When you settle the issues arising from your divorce or civil partnership dissolution through mediation, you can put the money you save towards your and your family’s future.
· It allows the parties to retain control of the process. When you ask the Court to determine your issues, it sets a timetable you must stick to and decides the time, date and venue of the hearing. In contrast, in any mediation, you and your ex-partner can choose when, where and how the mediation will proceed. You can also choose a mediator whose experience and style you feel is a good match for your case.
· It allows the parties to reach a decision that suits their family’s reality. While a Judge will seek to make an Order they consider fair in the circumstances, you know your family best. Mediation affords you the flexibility to find a solution that works for you all, and that can be adapted as your circumstances change.
· It can preserve the parties’ relationship. Separating from your partner is never easy, and the situation can be made much worse if you are forced to put up long, hard-fought Court hearings. Mediation offers you the chance to resolve your issues amicably, thereby preserving your relationship insofar as possible.
· It can reduce the impact of your breakdown on your children. It’s often possible to reduce the impact your separation has on your children by minimising conflict and settling your issues through methods like family mediation. Where necessary, you can involve other professionals, such as family consultants, to support your child and help them adjust to their new norm.
Is family mediation compulsory?
A key principle of mediation is that it’s voluntary. However, save in limited cases, such as those involving domestic abuse, the Courts generally expect separating couples to attend a mediation if they can’t resolve certain issues, such as their finances or childcare arrangements. If you unreasonably fail to engage in mediation, the Judge will likely want to know why and may make adverse costs Orders against you at the end of the matter.
And there is a general exception to this rule that mediation is not compulsory – the MIAM.
What is a Mediation Information and Assessment Meetings?
While family mediation is voluntary, Mediation Information and Assessment Meetings, or MIAMs, are not. Except in very limited circumstances, the parties must attend a MIAM before either of them can make any application to Court. A MIAM is an initial meeting with a qualified family mediator during which you will discuss the options available to resolve your issues, including mediation, and the pros and cons of each. Most couples opt to attend the meetings separately (online or in person), but you can go together if you wish. Anything said during a MIAM is confidential.
At the end of the MIAM, the mediator will decide whether your case is suitable for mediation. However, even if they believe it is, the decision to proceed remains with you. Often, even couples who are sceptical about the virtues of family mediation agree to give it a go after hearing how it might help from the mediator during the MIAM.
If you remain unconvinced, though, you need only inform the mediator of your choice, and they will provide a certificate for you to file at Court, letting the Judge know that you attended a MIAM.
What happens during family mediation online?
Mediation by zoom or teams video tends to follow a similar format to traditional family mediation. As a general overview, the process is as follows:
· Virtual MIAM
Family mediation online begins with a virtual video MIAM. The purpose and content of a virtual MIAM are the same as we describe above in relation to in-person MIAMs.
· Mediation session
Following the MIAM, the parties can get on with the mediation itself. Just like in traditional mediation, you can choose how you’d like the session to be conducted.
For example, you might opt for a joint meeting, where you, your partner, and the mediator are on screen at the same time. You and your partner discuss your issues, and the mediator helps you to find common ground. Alternatively, you might feel that a ‘shuttle mediation’ is more appropriate, where you do not see or speak to your ex-partner directly on screen, but instead talk only with the mediator, who ‘shuttles’ between the 2 of you who will be in separate online rooms.
· Settlement
If you and your partner are able to reach an agreement on how to resolve your issues, the mediator will discuss the terms of your settlement with you. And that tends to work best if you’re mediator is also a qualified lawyer.
But it’s important to be aware that any settlement made during a mediation is not legally binding. However our family law lawyers can turn it into what is known as a Consent Order and send it to the Court for approval. Once approved by the court, your settlement will be binding and legally enforceable.
How does video family mediation work?
Your family mediation online can be conducted using a variety of software, such as FaceTime, Zoom, Teams or Skype. Zoom is a favourite of many mediators thanks to features such as virtual breakout rooms, which allow the parties to speak to their legal team during the process in complete privacy. Our preference here at Bonallack & Bishop is Zoom or Microsoft Teams.
All you need to attend a family mediation online is a computer and a reliable broadband connection. Your mediator will likely send you a link to the session, which you simply click to join. If you have any concerns, our family lawyers will talk you through the process and ensure you are entirely comfortable with it ahead of the mediation itself.
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What are the benefits of family mediation online?
In addition to the benefits offered by the mediation process generally, video mediation provides a host of additional, unique benefits, including the following:
· It’s convenient. You can attend the MIAM and mediation from your home, office, or anywhere else. You can even arrange family mediation online if you or your partner are abroad.
· It can be arranged quickly. Since nobody needs to factor in travel time or arrange a venue, family mediation online can usually be arranged even quicker than traditional ones.
· It reduces stress. When the parties do not need to attend the mediation in person and can conduct it from somewhere they are comfortable, such as their home, they often feel more relaxed about the process.
· It can be highly productive. Only one person can speak at a time in a virtual environment, so family mediations online often proceed pretty swiftly. The mediator can even mute a party if they consider it necessary to facilitate a constructive dialogue.
· It can improve engagement. Parties often feel more relaxed and able to speak their minds when mediating from home. As a result, the discussions can be more constructive than when they are face-to-face.
· It is efficient. The mediator retains complete control of the process and can ensure it stays on track. For example, they can arrange virtual breakout rooms if they feel the parties need a chance to gather their thoughts.
· It can encourage active listening. The key to a successful mediation is for the parties to really listen to each other and feel heard. When the impact of nonverbal cues, such as body language, is reduced, the parties concentrate entirely on listening to each other, which can encourage effective communication.
Are there any disadvantages to family mediation online?
Despite its many benefits, there are some cases in which video mediation might be inappropriate. They include the following:
· Like all forms of mediation, family mediation online depends on the parties being honest and transparent with each other. For example, when dealing with financial issues, a fair settlement can only be reached if the parties fully disclose their financial situation. If there is any suspicion that one party might be hiding assets to keep them out of a divorce settlement, family mediation is unlikely be suitable, and Court proceedings may be unavoidable.
· Family mediation online may not work where there is a significant power imbalance between the parties, or, for example there is a history of domestic violence. In these circumstances, a Judge may need to take control of the matter to ensure a fair settlement. However, if they choose not to meet directly, the lack of face-to-face contact in family mediation online can go some way towards mitigating power inequalities in a couple’s relationship. Your mediator will assess the suitability of your case for mediation during the MIAM and advise on the most appropriate format.
· Family mediation has an excellent success rate. However, it doesn’t work for everyone – and there are no guarantees that it will work in your case. You may ultimately need to seek the Court’s intervention. Whilst this may delay the resolution of your divorce or civil partnership dissolution, though, parties who go through the mediation process first can often reduce the issues the Court needs to resolve, which may mean a more focused and shorter hearing.
Our family lawyers regularly advise clients on the options available to resolve the issues arising from their divorce or civil partnership dissolution, including family mediation online. We have offices in Salisbury, Fordingbridge, Amesbury, and Andover, but we work with clients from around the UK – and even those based overseas if the divorce or relationship breakdown is based on living in England or Wales.
Furthermore, the virtual nature of family mediation online allows you to access our expertise and experience with ease and mediate from anywhere in the world at the click of a button.
