6 minute read
LEGAL
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Dr. Diana Rose Head of Family Law
NORTHAMPTON 29 Billing Road Northampton NN1 5DQ 01604 622101
KETTERING 18 Brooklands Court Kettering Venture Park Kettering NN15 6FD 01536 523434 bmtclaw.co.uk
This article is for general information only and does not constitute legal or professional advice. Please note that the law may have changed since this article was published.
The advantages of mediation to solve a family dispute
‘All conflicts are capable of peaceful resolution,’ said Nelson Mandela, although it may be hard to envisage this when you are in the middle of a family dispute arising from a relationship breakdown.
“Seeking to win at all costs is not usually the best outcome, as most families will need to preserve some channels of communication,” says Diana Rose, a Solicitor at Borneo Martell Turner Coulston. “Mediation provides an important alternative to dragging a dispute through the courts and it can be particularly effective at reducing conflict and animosity within a family by independently brokering a compromise.”
What is mediation? Mediation is a voluntary process that you and your former partner attend in order to discuss your problems and see if a solution can be reached. Mediation can be commenced at any time, however, if you wish to bring your case to court then normally you will be required to attend a MIAM (Mediation Information and Assessment Meeting) before making your application.
The mediator will facilitate discussion between you and your former partner. As a neutral party, they will allow each of you to air your views and can help see the other person’s perspective.
What types of disputes can mediation help? Mediation can be helpful in resolving a number of different types of family disputes, which would otherwise need to go to court, such as: • disputes about where your children will live; • how much time your children will spend with each of you; • disagreement over a child’s upbringing, such as choice of school or extra-curricular activities; • medical treatment for your children; • separation of finances; • what time grandparents and extended family can spend with your children; or • arrangements for the family home.
What are the advantages? Mediation offers several advantages over going to court: • Avoids a court forcing a solution on your family. If you proceed via court, a judge will order what is to happen, effectively forcing a solution onto you and your family.
This always comes with a risk, as you lose control over what the outcome will be. It may make more sense for you and your partner to mediate and compromise on issues you are comfortable with. • More cost-effective. Mediation can result in significant cost savings. To begin with, both you and your former partner will pay the one mediator. This is in contrast to you both having to pay for your individual independent legal advice via your own solicitors. • More creative solutions. Quite often mediating couples will have more time and knowledge of their own circumstances to think up solutions that a judge simply would not have the time for. • Speedier results. While mediation is a process, and how long it takes varies, it tends to be quicker than issuing court proceedings. It can also yield immediate results. • Keeping communication channels open. Mediation is an open process, where both you and your former partner will be encouraged to discuss the issues you are experiencing, and face them head on. • Less conflict and animosity. This tends to result in amicable resolutions with less conflict going forward.
There is an openness between mediating couples that you tend not to find during a court process.
Does mediation work for everyone? Mediation is not for everyone. If you have suffered abuse at the hands of your partner then you are unlikely to want to participate in a mediation process with them.
Both people need to want to reach a solution and must be prepared to talk openly and make compromises. If your former partner is not willing, then mediation is unlikely to succeed.
How we can help If you are embroiled in a family dispute and would like to explore mediation as a route to resolving the dispute, then please contact Diana Rose in the family law team on 01604 622101 or email diana.rose@bmtclaw.co.uk.
Borneo Martell Turner Coulston have divorce law specialists in both Northampton and Kettering offices.
Acharity that recruits volunteers to help visually impaired people boost their confidence and wellbeing by getting out of their home and joining in with community activities is seeking more kind-hearted residents to join its ranks.
Most people have heard of the Guide Dogs organisation and the four-legged guides it trains to help those with limited or no sight. Guide Dogs also runs the national My Sighted Guide service, where a volunteer is partnered up with someone who has a visual impairment.
“It’s a fabulous service to be part of and we receive great feedback from our volunteers,” the charity says.
Interest in the service from visually impaired customers has doubled since the pandemic. Guide Dogs, which is part of the Guide Dogs for the Blind Association, is looking for volunteers to devote two or three hours at a time to meet the increase in demand.
Available on the charity’s website www.guidedogs.org.uk, a short Top 10 Tips for Sighted Guiding video outlines the basics of sighted guiding.
Guide Dogs also offer two more detailed training programmes. Introduction to Sighted Guiding Training is for those wanting to learn more about basic guiding techniques. Friends and Family Sighted Guide Training is for those who want to help a loved one with a vision impairment and to meet people with similar experiences.
It is not essential to be a car user. Full training will be given in Sight Loss awareness and Sighted Guiding.
We need YOU: Sight charity seeks volunteers to meet growing need for its service
Much like learning how to perform first aid, sighted guiding is a useful life skill that helps those in need of its benefit and those providing it, says the charity Guide Dogs.
The charity offers a range of sighted guiding training that teaches how to guide someone with confidence, skill and empathy >> Find out more online at www.guidedogs.org.uk/volunteering where there is also an online application. Or call the Guide Dogs GuideLine on 0800 781 1444.
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