It can be a very difficult thing for clients to attend legal proceedings. Mediation is by far the best way to go about a disagreement between parents, or guardians, as to the way in which children under their care should be brought up, and how arrangements should be made between parents.
Without mediation, parents often find that they get involved in legal battles which can involve very high costs and can also involve them in disputes that inevitably harm children.
Under changes that are underway since 22nd April 2014, under the new family law legislation, there will now be a single family court which will enable you to consider your problems in a more friendly, less adversarial, manner.
However, we would still advise that you try mediation first. Indeed, under new legislation this will be mandatory and so you will have to have, at least attempted, the mediation route.
There will, under the new arrangements, be a single family court which will be the one stop shop for legal proceedings involving families.
Some cases will still have to proceed to higher courts, for example if a case involves a dispute in international law, but it is expected that most legal cases will reach only the single family court.
It is possible that other courts can be made into family courts for proceedings where there is no nearby family court in the vicinity, or for other reasons.
Although less family friendly than mediation, the single family court is designed with the needs of families, and particularly children, in mind.
Each single family court has a family centre which will be arranged so that families feel comfortable, and where they may seek additional advice and guidance on the proceedings.
The family court will also have a judge, or magistrate, who is specially allocated to deal with family legal issues. This legal figure will have specific knowledge of, and experience with, dealing with family cases.
This will reduce some of the tension which families, and children in particular, can feel when dealing with legal proceedings.
The family court will also offer legal advice, and will be able to restrict cases which come before it. This is an attempt to encourage couples to try mediation services, before going to a family court.
In most cases, it will be a magistrate that listens to proceedings concerning children. In all cases, magistrates are expected to give a reason for arriving at a particular decision.
Moreover, magistrates will be expected to produce their own, independent, reasons for a decision. They can not make use of pre-prepared statements which have actually been produced for them in advance by one of the parties involved in the dispute.
What is most important for magistrates is that they can prove that they have met the major requirements of the Children’s Act when they are arriving at their decisions.
This means that they must be fully prepared to give a full account of their reasons.
When it comes to a dispute involving children, mediation is by far the most favourable route. Indeed, most courts, including single family courts, will not hear from parents (or guardians) until they have tried mediation first.
However, if things do come to court, then the single family court, with these new regulations, is an excellent forum to discuss problems. The court is designed with the interests of children in mind.
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Family’s are deeply affected by divorce or separation, especially when there are children in the family. Often these painful situations can be helped with the aid of a mediator who will hold a Mediation Intake Assessment Meeting or MIAM. MIAMs can soothe ruffled feelings and ensure that communal assets are divided equally, make sure that financial obligations of both parents are laid out and help to make the break as easy as possible for all the members of the family.
When attending a court proceeding on the matter, the family will need to present an FM1 (Family Mediation 1 form) which confirms that a MIAM has been held.
As of April 2014, significant changes were made to the judicial system regarding separation and divorces, particularly where children were involved. These changes ensure that the welfare of the children is paramount, with minimal impact on the children and as little negativity as possible. One of the major changes was a requirement for a mediation session or MIAM to be attended before any court proceedings to do with financial or custody matters (hence the need for a FM1 to be produced).
If the split is acrimonious and both parties find it difficult to be in the same room, as would happen with face to face mediation, it is possible to ask for shuttle mediation.
Shuttle sessions happen when the two parties are seated in separate rooms and the mediator shuttles between the two, discussing issues and offering solutions.
Shuttle mediation is often a good solution with distance between the parties allowing for rational and reasoned thinking.
Mediation sessions are now a legal requirement, and your ex’s lawyer will make this clear to him or her.
Offering shuttle mediation, in which they will not have to share a room while coming to an agreement, is sometimes a way to make the thought of mediation more palatable.
Mediators can also help with will disputes: resolving issues between heirs and coming to an acceptable compromise in the event that the will is ambiguous or unclearly worded.