01785 223440      team@orj.co.uk

How can mediation help in resolving child arrangements?

Mediation can be the key to resolving a dispute when discussions between yourselves has failed.

Mediation allows parents/legal guardians a platform to discuss and negotiate future arrangements for child(ren) with the assistance of a trained, neutral third party. A mediator will try to help both parties reach their own agreements amicably and can further assist in improving how you communicate with one another long term. 

There are many advantages to attending mediation, to include:

  • The facility to reach an agreement which is tailored to your family’s needs by giving you more control over the decisions made in contrast to the Court deciding for you;
  • Allows a more conducive, amicable and less stressful way of dealing with sensitive matters which will hopefully allow the relationship between both parties to remain positive;
  • A quicker and cheaper way of resolving matters in comparison to Court proceedings.

If mediation is successful and an agreement is reached, the mediator will prepare a document detailing the agreement. It is important to know that this document is not legally binding (i.e enforceable in Court).

In some circumstances, often where there is a sustained history of disputes, parties can apply to the Court to ask that the agreement be conveyed into a Child Arrangements Order by consent (a Consent Order).

Should you wish to consider applying for a Consent Order, our specialist solicitors will provide you with tailored advice based on the facts of your case. This is because the Court must always consider the No Order Principle. This means that the Court must be satisfied making an Order is better for the child(ren) than not making an Order.

The Court expects, unless an exemption applies, all parties to attempt mediation prior to making an application to the Court, this includes, but is not limited to, any applications for:

  • Child Arrangements Order
  • Specific Issue Order
  • Prohibited Steps Order
  • Parental Responsibility Order

If mediation has been unsuccessful, you may wish to consider applying to the Court. You can read more here

At ORJ, we would advice that should you be experiencing a dispute relating to your child(ren) to seek legal advice at the outset. Our speacilist family solicitors will provide you with initial, tailored advice and discuss in greater depth whether mediation is right for you and your family.

Call us now on 01785 223440 or email us to speak with a member of our family team.