The rules for Family Courts in England and Wales are outlined in the Family Procedure Rules 2010. There have been many amendments to these rules over the years, one example being the Family Procedure (Amendment No 2) Rules 2023.
The aim of the amended rules is to promote the early resolution of family disputes without the need for Court proceedings by encouraging people to consider non-court dispute resolution (NCDR). NCDR refers to methods such as mediation, arbitration and collaborative law as ways of resolving disputes without the need for court. Court proceedings are very often lengthy, stressful and expensive, so minimising the involvement of the court is always in people’s best interest and should be a priority.
The amended rules have resulted in the number of families participating in mediation increasing. Mediation is the process of sitting down with a neutral third party, known as a mediator, to discuss matters and reach an agreement. Some families refer themselves, but others turn to mediation at the suggestion/direction of a solicitor, or sometimes even a Judge if the matter is already in Court proceedings.
Even if court proceedings have been issued, it is not out of the question for a Judge to determine that another form of resolution, such as mediation, should be attempted before permitting the case to continue through the Court process.
Another form of mediation, called child-inclusive mediation (CIM) is also on the rise.
What is CIM?
As the name suggests, CIM actively involves children in resolving disputes following family separation; it gives children the chance to share their thoughts and feelings about their family’s situation, whilst their parents are going through mediation themselves.
When does CIM happen?
Meetings with children happen at a separate time to meetings with parents. These meetings with children usually take place at a neutral venue, i.e. not usually at either parent’s home. The mediator will explain to parents how their children can help, and providing that both parents agree, a meeting with the children can be organised.
What are the benefits to CIM?
- Allow children to have a voice/feel heard throughout such a difficult time.
- Gives parents an insight into how their children are really feeling about their situation.
- Provides children with the opportunity to safely and confidentially discuss how current arrangements may be affecting them, which can in turn help parents to create parenting plans best suited to their children’s wants/needs.
- Can help to improve communication between parents.
- Protects children from the toll that Court proceedings can have on their emotional wellbeing.
If you feel that you require advice regarding arrangements for children, please get in touch with the Family Team today and we would be more than happy to discuss this further. Please call us at our office in Leicester on 0116 255 4855 or our office in Loughborough on 01509 610 312 and ask to speak to a member of the Family Team. Alternatively, you may prefer to email us at legal@johnsonastills.com or fill in the online enquiry form.
