In an article for Family Law Journal, Christopher Stirling discusses various mediation models and their application in family law disputes. In particular, he assesses 'civil style mediation' and its effectiveness in certain family law contexts.
He sets out what 'civil style mediation' can offer - not only where family lawyers are brought into formal civil litigation such as ToLATA or Inheritance Act claims. But as he points out, it can also be useful when civil issues arise in family proceedings (especially with interveners in financial remedy cases).
Key features of civil style mediation
- Generally a single intensive session, often lasting all day, rather than multiple meetings
- Lawyer-led, often involving solicitors and barristers
- Agreed mediation bundle of essential core papers
- Mediation statement exchanged a week or sometimes 2 weeks before the mediation
- Privileged nature of discussions emphasised in mediation agreement
- Flexibility in process and outcomes
- On the whole, court approval is not required
- Manages potential costs exposure (eg in intervenor claims)
- Agreement reached is usually binding and enforceable immediately.
Read Christopher's article: Another tool in the box: civil mediation for the family lawyer on Family Law [subscription required].