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MEDIATION WEEK: Is Family Mediation better than Divorce in the Courts?

 

This week is national ‘Mediation Week’, a week during the year to raise awareness of mediation and how it can help in marital and relationship difficulties. 

If you are in dispute with your ex, or you’re having difficulties settling your separation terms, you may be thinking about court proceedings towards divorce or a formal separation agreement, but have you considered Mediation as an alternative process?

Divorce and Separation Image

STOP AND THINK

  • Do you really want a divorce through the courts and all the pain, delay and cost that can come from that?

  • Do you really want to engage in a highly-charged confrontational way with your ex?

  • Do you really want to ‘to and fro’ between sets of solicitors on both sides, with copious solicitor letters to read, pay for and contend with?

  • Do you really want to put your children through the emotional rollercoaster of fraught arguments and parent stand-offs that endure for many months?

  • Mediation can help you to resolve family disputes and relationship breakdown in an alternative way.

Talking to someone independent

When relationships end or there are disagreements, emotions run high and talking face to face seems like the hardest thing to do. Sometimes you need help to get the talking started and focus on what really matters to you and your family.

That’s where mediation comes in.

 

What is Mediation?

 

  • A trained Mediator is tasked with helping both sides of a dispute to come to a conciliation and fair understanding through meetings and conversations involving them.

 

  • Both sides have to commit to not going to court, and, instead, choose to resolve their differences through conversations with the Mediator.

 

  • There’s a commitment by all parties to resolve the dispute or relationship breakdown and this is a central theme – all parties are keen for this to happen.

What are the benefits of choosing Mediation?

5 steps to help you deal with separation -

  1. The cost can be less (depending on your circumstances), and the matter can be resolved fairly quickly

  2. No expensive court or barrister fees

  3. Children are saved from long drawn-out proceedings and witnessing acrimony between parents

  4. The Mediator can cut-to-the-chase in the negotiations and question unrealistic demands which can save many months of debate

  5. The mediation is conducted in an environment of discussion, not a confrontational court room where either party may be disallowed from adding their own points of view to the court and relying instead on the barrister and solicitor putting their case – you have more control of the content of conversations in mediation and getting your points across

  6. The Mediator is trained, qualified and independent and therefore unbiased in their conclusions and suggestions.

  7. The resolution is drawn from both parties, and therefore it is not forced on either party – the resolution is agreed.

 

If your relationship is faltering and several attempts at reconciliation have failed, then mediation might be the answer for you.

At Lawson West Solicitors we have a trained specialist mediator who can guide you through the dispute as quickly as you like and with an outcome that meets every person’s needs.

 

“Mediation offers an out-of-court, speedy, confidential way to get a resolution with the added bonuses of consistency – in the terms of who the mediator is – and a significant flexibility over what needs to be resolved and how it should be resolved. The agreements are often sensible solutions, as decisions are made with a lot more discussion, guided by the experienced mediator.

 

If you want to find out more about Mediation and how it worksget in touch.

Read more

More about Mediation Week  [18-22 Jan 2021]

Mediation & Resolution Leaflet [more about the whole process]

Slow Courts – Family Disputes Turn to Mediation  [28 Sep 2020]

MEDIATION WEEK: Thinking of Divorce – Why Choose Mediation?

 

This week is national ‘Mediation Week’, a week during the year to raise awareness of mediation and how it can help in family relationship difficulties, like divorce. 

If you are in dispute with your ex, or you’re having difficulties settling your separation, or you may be thinking about court proceedings towards divorce or a formal separation agreement, then mediation could well be the answer you’ve been looking for.

 

What is Family Mediation?

 

  • Mediation can help you to resolve family disputes and relationship breakdown in an alternative way.

See more about mediation is this helpful leaflet.

 

How does Mediation work?

Before an application can be made to court, you are required to attend a Mediation Information Assessment Meeting, or ‘MIAM’ for short.

The aim is to see if mediation could be used to resolve your difficulties, rather than going straight to court.

The MIAM is a meeting between you and a mediator to find out if there are alternative ways to find solutions to your problems.

The Mediator will explain to you:

  • what your options might be

  • what mediation is, and how it works

  • the benefits of mediation and other appropriate forms of resolving disputes

  • the likely costs of using mediation

  • if you are eligible for ‘free mediation’ and ‘Legal Aid’.

 

The MIAM meeting can be between the Mediator and just you, or with your ex-partner too.

How long is the MIAM meeting?

The meeting usually lasts around 45 minutes.

How much will Mediation cost?

You may be eligible for Legal Aid to cover the cost. But if not, your local service will be able to advise you of their charges. We provide a range of flexible packages and payment terms, including staggered payments.
 

What happens after the meeting?

The mediator will be able to tell you if your case is suitable for mediation. If it is, he or she will advise you of the next steps.


What are the benefits of Mediation? 

  • Mediation provides a safe, confidential environment, allowing you to discuss future arrangements for you and your family.

  • Mediators are skilled at helping you navigate the legal and emotional maze that family breakdown can create.

  • It is cheaper, quicker and less stressful than going to court.

  • It helps provide long-term solutions that are in the best interests of you and your family.

  • It is flexible and can accommodate all of your family’s unique needs, allowing you to keep more control over your own future.


Mediation can help you sort out: 

  • The first steps to take

  • The options available to you

  • Arrangements for your children

  • Child maintenance payments

  • Housing and accommodation issues

  • How to settle finances, savings, joint debts, pensions and mortgages.

 

What happens if Mediation doesn’t go ahead?

If, after your MIAM, it’s considered that mediation is not suitable in your case, the mediator will supply you with a form. Signed by a certified mediator, this form confirms that you have attended a MIAM. A court will then allow you to issue proceedings and you can still go to court if you need to.


“Mediation gives you more control over the whole negotiation process. It’s built around your needs, at your pace, and the Mediator is trained to be impartial, so the resolution you arrive at, will have had your input and opinions listened to.

All-in-all, it’s a far kinder and fairer resolution because it respects the emotions and views of the people involved. Children especially are spared the lengthy ordeal of witnessing argumentative parents who go on to loath each other for years to come.

In my book, and with the current delays in the family courts, Mediation is the way to go.”

 

If you want to find out more about Mediation and how it worksget in touch.

 

Read more

More about Mediation Week  [18-22 Jan 2021]

Mediation & Resolution Leaflet [more about the whole process]

Slow Courts – Family Disputes Turn to Mediation  [28 Sep 2020]

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‘My Home-Schooling Hell’ – working parents and their right to Furlough

Carrie

Carrie-Ann Randall
Associate Lawyer, Employment Team
Lawson West Solicitors, Market Harborough

With the recent United Kingdom lockdown and dreaded school closures, many people are forced back into the horror that the first lockdown presented, combining working-from-home with home-schooling. 

As a working parent myself, with a 6-year-old only child, I am fully aware and conscious of the trauma and guilt the juggling act creates. 


Recent changes to the Furlough scheme – working parents

The furlough scheme rules were tweaked on 5th Jan – see here and this time, the Government has introduced the potential for employers to place working parents on the Job Retention furlough scheme alongside the existing provisions.  This is a fantastic idea and one that would be a welcome course of action and solution for many parents but realistically is this possible?

The Coronavirus Job Retention Scheme was originally set up to allow businesses some ability to seek recovery of some or all the salary overhead for those industries that could not fully operate during the lockdown and for employees who may suffer redundancy because of the downturn in trade.  The furlough scheme provided that 80% of an employee’s salary would be paid up to £2,500.00.

Fast forward to present day, the situation with businesses has not changed, in fact in some cases it is worse. Taking a practical view, whilst employers are sympathetic to working parents’ needs, is it realistic for employers to furlough employee parents away from the business?  Is it possible for employers to only recover part of some people’s salaries (if the government does not provide the employee’s full salary) and what is the impact on the existing employees?

The new rules permitting furlough leave for working parents has created a divide in some industries.  If employers refuse the request, there is undoubtedly going to be ill-feeling, resentment and animosity combined with a potential lack of productivity. The role that the working parent undertakes maybe pivotal to the business needs and in this situation, an employer may simply not be able to function properly if that person is absent.

  • The furlough scheme, whilst holding good intention, does not consider the financial implications for both parties.  Some companies may not be able to offer the full salary to their employees and some staff may not be able to survive on the 80% or £2,500.00. 

Existing staff lose out

At no time is any consideration given to the impact that the loss of that person will have on the remaining staff.  It is very possible that the workload will need to be shared between remaining member employees, who may not have the capacity to undertake the additional responsibilities and duties.  This could then lead to remaining employees becoming overloaded, suffering stress, and becoming unwell.  Risk: in this situation the employer may find they have a critical employee absent on furlough leave (where they have to remain for a period of 3 weeks) and another employee certified unfit to work, leaving the employer very exposed.

There is no doubt that this would create a divide between those that have children and those that do not within workplaces causing animosity to form and a divided work force. One could argue that to furlough employee parents actually discriminates against remaining employees who do not have children and are forced to work on, but there is no current legislation to support this type of unfairness argument.

  • That said, currently as a working mother myself, I can whole-heartedly say that juggling completing your responsibilities to your employer with your obligations to your children and their educational needs is extremely difficult.

  • Most working parents are being forced to work obscene hours, some opting to work late at night and into the early hours of the morning just to keep pace.  This is not ideal or something that can be sustained for long durations as this itself will cause considerable ill health.

Impact on Productivity

Productivity of the working parent is likely to be impacted as they are trying to undertake work and homeschool.  The working parent has an obligation to their employer, which, if they do not complete, triggers fear of reprisal or the potential to lose their role. Many women have reported that their careers have become stagnant because some employers are losing confidence in them to deliver.  This added pressure is creating many women to be left behind in their professions, which is unfair and unreasonable.

  • Many working parents, especially those that earn more than the government permits in the scheme, simply cannot afford to be placed on furlough leave as their income, which is vital to the running of their homes will be slashed and therefore successful career parents are being penalised. 

Furlough Solutions?

Is the answer to make it mandatory for all working parents that are having to engage in homeschooling to be placed on the Job Retention Scheme?

Is the answer to raise the amount of money the government provides to the employer so that they can afford to place those working parents on furlough leave?

Is the answer to give business some relief that allows them to place the individual on furlough leave and recruit into the company to cover the shortfall?

Is the answer to allow flexible furlough so that parents can work part-time with relief to the employer? Or is the answer to open the schools again to give the parents a chance to work?

Carrie-Ann adds:

“I am afraid as it stands I personally and professionally cannot see that many employers will be able to allow working parents to be placed on the furlough scheme, for reasons set out above, and the fact it is currently a voluntary scheme entirely at the discretion of the employer

There are going to be some vey difficult and tough weeks ahead.  I am waiting and watching for the solution to develop, but for now, if you are able to speak with your employer to discuss your struggles and try to develop a plan that works for you both, without the need to consider the furlough scheme, it would appear to be the most sensible way forward.” 

crandall@lawson-west.co.uk

Useful links: 

Government changes to the Coronavirus Job Retention Scheme (furlough scheme) [5 Jan 2021]

Furlough scheme extended to 30 April 2021  [18 Dec 2020]