Parenting, divorce and prenups: how family mediation could help instead of legal disputes

Hull and York family law firm, Rollits, reviewed the December 2023 family court statistics, which show that the five-year average for court cases to close is 34 weeks for private law (children and finance) cases - a figure which exceeds previous records.

The pattern for the 2023 figures so far continues in this trajectory, as the average number of weeks taken to conclude a private law case in Q1 to Q3 of 2023 was 46 weeks, says Rollits.

As an alternative, the Family Mediation Council says it usually takes between three and five meetings to come to an agreement, depending on what needs to be sorted out.

Rollits has commented as part of Family Mediation Week (January 22 to 26), to let people know the process can be used for parenting arrangements for children; direct consultation with children; grandparent contact arrangements; financial issues including division of assets and income; pre-nuptial and post-nuptial issues; cohabitation; divorce and separation; and how to communicate with each other.

Alison Benson, Partner and Head of Family at Rollits, said, “Family law issues are almost always stressful for everyone involved, and have the potential to be incredibly divisive. If each individual situation does not receive the utmost care and bespoke treatment, it can leave families suffering irreparably.

"Not only this, but families may be left out of pocket, as lengthy court cases can cost a huge amount of money, as well as taking up unnecessary time. This further adds to the pressure of the situation.

"Family courts can be a rather restrictive way of coming to a solution; a clinical process that may not consider the emotions at play.

"Alternatively, family mediation offers an impartial party who can guide families to a solution that works for them and their family, that they both feel is fair. It allows them to not only solve the current problems afoot, but to look forward to a future that is bright and hopeful.”

The Family Mediation Council is an umbrella organisation which oversees such services in the UK. It comprises of five members – The College of Mediators, The Law Society, The Family Mediators’ Association, National Family Mediation, and Resolution – working together.

All mediation practitioners registered with the council are obliged to subscribe to its code of practice, whhich set aims and objectives for mediation relatred to levels professional conduct, qualifications and training that mediators must undertake, while it also includes the scope and general principles of family mediation, covering areas such as neutrality, impartiality and the welfare of children.