
When family relationships break down or a married or civil partnered couple separate, families face a variety of challenges. Among these are practical considerations such as “What arrangements will be best for my children?” and “What will happen to my home and/or to our finances?” Discussions and agreement about these questions can often lead to conflict and heartache and having the right support and professional advice and assistance can make all the difference.
Duncan Lewis Solicitors, a leading UK family law firm, are here to work with you as an impartial body to successfully resolve family issues amicably, whether you need general advice about the law, assistance and support to discuss and resolve matters without the need to issue court proceedings, or representation in Court on any application if this becomes necessary. Because of changes to Legal Aid for divorce and family matters under the Legal Aid, Sentencing and Punishment of Offenders Act 2012, the court now requires separating couples to show they have considered and attempted to resolve any disputes over arrangements for children without the need to involve the Courts before a court application is made. Mediation is one effective way of doing so and Duncan Lewis Solicitors has recently expanded its services to offer comprehensive Family Mediation in respect of all types of children, finances and property disputes.
What is Mediation
Every couple and family is unique and what is best for one will not be what is best for another. Choosing the most appropriate process for you and your family from the outset can save time, money and anxiety. Mediation is one such option. It can be an extremely valuable tool; guiding and empowering former couples to engage in difficult conversations and to reach proposals acceptable to them both about the matters important to them, without the stress, costs and lengthy timeframes often associated with going to court, particularly given recent studies show court proceedings, both in respect of children and finances often take over a year to conclude, with costs frequently running into thousands of pounds.
A mediator will meet with both parties, initially individually, to identify the issues that cannot be agreed upon. Thereafter, and as may be appropriate, the mediator will arrange one or more joint meetings to help enable and guide and support what can be very challenging and emotional discussions, with the aim of helping former couples reach agreement about the best arrangements for them and their family.
Where accepted proposals are reached through mediation this can be drawn up into a ‘Memorandum of Understanding’ and, if desired, incorporated into a legally binding document and filed with the court for approval without the need to physically attend court.
This method of resolution has consistently been seen to offer a highly successful way of helping former couples resolve disputes; with successful outcomes in over 70% of cases, even where a person is initially sceptical about the merits or likely success of the process.
Mediation is successful because it provides a safe, confidential and balanced space, where discussions are led and guided by a skilled independent mediator who is an independent and impartial third party and there to manage the process and aid difficult discussions. It can assist and empower parties to reach their own informed decisions and outcomes, relevant and appropriate to their own individual circumstances.
Fixed Fees
Duncan Lewis Solicitors' Family and Childcare departments are ranked and recognised by The Legal 500 and Chambers and Partners for family and matrimonial work, providing confidential advice with effective representation. Our family team includes solicitors who have achieved the Law Society’s Children Law and Family Law Advanced accreditations providing advocacy in all court proceedings, ensuring our clients receive a consistent and professional service as well as a high degree of continuity.
We also now provide Family Mediation services and offer fixed fees for all types of Family Mediation (children, finances and property). For more information call Duncan Lewis on 033 3772 0409.
About the Author
Sophie Burchett, a Family and Childcare Solicitor and member of the Law Society’s Children Panel, is a Resolution-trained ‘all issues’ family mediator. Sophie is an experienced family and childcare solicitor and has a wide-range of experience specialising in both public and private law children matters and domestic violence work.
She offers mediation and is committed to resolving family disputes fairly and amicably to ensure parties and in particularly any children, remain the primary focus during the process.
For enquires about family mediation and/or advice on a family or childcare matter, contact Sophie via email at Sophieb@duncanlewis.com or via telephone on 02070147382.