Choose your mediator wisely!

As Family Mediation Week is well underway, it is key to flag mediation as one of your options and the importance of choosing the right Mediator.

How successful is mediation?

Research from the Family Mediation Council showed a 70% success rate in mediation which is extremely high compared to other forms of dispute resolution, such as litigation, where the outcome can be uncertain and often relies on the judge’s decision.

This research suggests that mediation is an effective way to resolve conflicts without the need for a lengthy, expensive court battle. The informal, flexible nature of mediation encourages collaboration and communication which can lead to better and more harmonious outcomes for the parties involved.

Family disputes, whether related to divorce, child custody or other personal matters can be incredibly emotional and challenging. They should be handled in a way which reflects its sensitivities and not in an environment which can only add fuel to the fire when pitted against each other for the seemingly ‘stronger case’.

Traditionally, such disputes have been resolved through the court system, but increasingly families are turning to family mediation as a more effective, compassionate, and efficient solution – increasingly so now that it is a requirement of the court that before proceedings are issued non-court-dispute resolution (NCDR) options must be sought.

Choosing the right mediator

Undoubtedly, mediation can be an effective forum for resolving family disputes in a civilised and cost-effective way. However, it is still vital to carry out your research and do your due diligence to make sure that you are working with the right Mediator for you.  It is so important that they have the right experience and qualifications to be able to support you both.

A mediator’s job is to facilitate, not to impose solutions and will encompass a variety of techniques to ensure both parties encourage communication and promote understanding which helps identify common ground and suggest potential compromise.

The true success of mediation is tied to how well the parties adhere to the agreed terms. Whilst mediators are not able to provide legal advice or produce a legally binding agreement, parties can have a solicitor who runs parallel/in the background to the mediation sessions, so they are ensuring that the agreement being reached is fair and therefore on track for a successful outcome and should settlement be reached – they can finalise the terms of the agreements and file with the court.

We are extremely lucky in the South west to be surrounded by some exceptional mediating talent and we are pleased to count our Philippa Yeo amongst them.  She has a wealth of experience in handling the most complex of family disputes, she is solution-focused and pragmatic and can sensitively navigate the trickiest of issues.  So, when it comes to choosing a Mediator, choose wisely, choose Clarke Willmott.