Mediation When Agreeing Child Arrangements During Divorce

If you are separating, both parents immediately worry about the children and where they will live and how often they should see the absent parent. Most parents can reach an agreement as to whom the children shall live with. However, in some instances, this can be a legal dispute as well.

One way in which things can be kept amicable is to agree upon child arrangements using mediation.

Using mediation when agreeing child arrangements

Under the Child Arrangements Programme, families are encouraged to consider dispute resolution services, including mediation, as an alternative to Court proceedings. All applicants are required to attend a Mediation Information and Assessment Meeting (MIAM) prior to making an application to the Court unless an exemption applies. If both parents can put their own feelings aside, there is every chance that they can negotiate a mutually beneficial Children’s Arrangement.

If there are domestic violence issues, child protection concerns, whether an application needs to be made urgently to safeguard children or the applicant or if there has been a previous MIAM or attendance at a MIAM may be an unreasonable or inappropriate requirement, then mediation is clearly unsuitable. The Family Court in Nottingham requires an FM1 mediation form to be completed when all Children Act applications are issued to show whether mediation has been considered.  Understandably it takes both parents to mediate and mediation would not be possible if one parent refuses. Ultimately the Courts are there to decide on the children’s arrangements if the parents can’t.

The benefits of using mediation to agree to child arrangements

There are a number of advantages to pursuing mediation and keeping all parties involved out of Court. Firstly, it can help everyone – including children – move on to the next stage of their lives more quickly and, secondly, it is not as adversarial as Court processes can be – meaning it’s more likely that separating couples will be able to maintain important family relationships.

Finally, an important thing to understand about mediation is that it’s the parties that reach their own agreement. As a mediator, their job is simply to facilitate and manage the process, not to make the decisions when it comes to reaching an amicable resolution of arrangements – whether it’s in relation to child arrangements, finances or both. As such, this offers a person complete peace of mind that, from the very beginning of the process to the conclusion, they are in charge and retain complete control over the outcome.