Family Mediation – Embracing a new approach

Following the changes to the Family Procedure rules in April 2024

Embracing a New Approach: In light of the changes in family procedure rules, there is a growing recognition of the importance of embracing a new approach to resolving family disputes. Mediation offers families a dignified and empowering alternative to the adversarial nature of traditional litigation. By engaging in mediation, or one of the other select types of non-court dispute resolution services, the majority of families not only avoid the pitfalls of prolonged court battles but also pave the way for healing, understanding, and future cooperation.

Empowering Families Through Education: As we navigate these changes, it is essential to prioritize education and awareness about the benefits of mediation and other forms of non-court dispute resolution. Legal professionals, families, and the broader community can benefit from comprehensive information and resources about the mediation process, available support services, and the legal framework surrounding family disputes.

Attending the MIAM meeting is a requirement, if you are an applicant and don’t attend one then you will be directed to attend one, and the application will be placed on hold. If the respondent chooses not to attend a court will ask you to complete a form which means you have to say why you won’t consider mediation, or another ADR process to solve the dispute. The court can now impose costs (in financial cases) on them to pay the court fees of the applicant.

The changes in family procedure rules mark a significant milestone in the evolution of family law, emphasizing the value of mediation as a preferred method for resolving disputes. By embracing mediation, families can embark on a journey towards, cooperation, and mutual respect. As we move forward, let us embrace this positive change and strive to build a future where families can navigate conflicts with dignity, compassion, and understanding.

Benefits of Mediation under the New Rules: The changes in family procedure rules underscore several key benefits of mediation:

  1. Cost-Effectiveness: Mediation is often more cost-effective than litigation, as it typically requires fewer legal fees and court expenses.
  2. Time Efficiency: Mediation can expedite the resolution process, allowing families to reach agreements in a timelier manner compared to the often lengthy court proceedings.
  3. Preservation of Relationships: By fostering respectful communication and collaborative problem-solving, mediation helps preserve relationships between family members, especially important in cases involving children.

Customized Solutions: Mediation empowers families to craft their own personalised solutions that address their specific needs and priorities, rather than relying on one-size-fits-all court judgments.