Newly qualified perspective on mediation

One of the things that strikes me as a recently qualified family solicitor is how important it is for separated parties to maintain the ability to communicate post-separation.

Frequently, we see examples of parties who have lost the ability to communicate, embarking on time-consuming and expensive litigation where the court ends up making decisions for them. Often, by the time the court makes these decisions, hostilities are ingrained and the parties’ animosity makes living with what can be unwanted decisions even more difficult.

Mediation can go a long way to helping the parties communicate and collaborate to achieve a decision which they make together, rather than facing the disempowerment of a court making decisions for them. Mediators work with parties to guide them through a series of discussions about what they want to achieve, what the other party wants, and exploring where the common ground lies. This should be a much more inclusive conversation that is geared towards working out the future, as opposed to seeking recriminations for the past.

Critically, when final decisions are made, they are decisions the parties have made together. In theory, at least, the mediation process promotes rather than denigrates the parties’ ability to communicate. As they come to life post-separation where they must confront the reality of being apart but still having to work together on key areas like childcare, this communication is essential.

For more information

Please contact our mediation assistant, Eve Downer for more information about Anthony Collins Solicitors mediation services. Also, further information in relation to our mediation service can be found here.

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