What are Mediation, Collaborative Divorce, and Child Arrangements Orders?

Parents who choose to divorce or separate will have many arrangements to make, and the most important of these arrangements focuses on the children. Among other things, where the children live and how much contact they have with each parent must be determined. In many cases across the UK, divorcing or separating parents are required to attend a meeting to see if mediation can help them settle their disputes regarding these child-focused topics and other matters. Collaborative divorce is another approach that parents may take to settle their disputes. When parents try mediation or collaborative divorce and are not able to reach resolutions, applying for a child arrangements order with the court may be necessary. So what exactly is mediation, collaborative divorce, and child arrangements orders? Here is some information to help clear the air about these three processes that divorced or separated parents may find themselves in the midst of. 

Mediation

In years past, the UK court system was regularly filled with divorcing or separating parents fighting to win their disputes over issues like contact and residence orders, and assets, as well as many minor details related to their situation. In recent years, a shift has been made to help reduce the number of court cases that make it to the courtroom by requiring divorcing or separating parties to try mediation first.

Mediation is a process in which the parties work with a neutral third party to discuss the different issues that require a resolution. For parents, this includes deciding where the children will live and how parenting time will be shared. To determine whether or not parents are good candidates for mediation, they will be first required to attend a Mediation Information and Assessment Meeting (MIAM). Attending a MIAM is required for all parents who are thinking about taking their case to court except in situations where they are exempt for reasons like domestic abuse. During this meeting, parents will be educated on the mediation process and its benefits. Along with the mediator hosting the meeting, co-parents will determine whether mediation is a suitable option to help them settle their case without the need to head to court. 

There are numerous benefits to settling a case through mediation versus heading to the courtroom. One such benefit is that it is often much less expensive than litigation. According to an article for The Guardian, figures from the Ministry of Justice indicate that the average cost of mediation is £535 while litigated cases can cost upwards of £7,000. The same article also reports another benefit of mediation: it saves you time. Mediation can take as few as 110 days whereas non-mediated cases can take as many as 450 days. The money and time saved through mediating a divorce or separation gives you more to offer to your kids, and that means a lot to many families.

Collaborative Divorce 

Compared to mediation, collaborative divorce is a rather new approach to settling divorce or separation disputes. The process of collaborative divorce involves both parties having their own lawyer, and through a series of meetings, the parties and their respective attorneys all work together to share ideas and reach resolutions. Like mediation, parents can use the collaborative divorce process to work out arrangements for their children while also settling other issues. Unlike mediation, each parent will have legal representation there to consult and help represent their best interests, but everyone is still working as a team. If either party feels the need to take any aspect of the case to court, the collaborative process is over and the lawyers withdraw from the case. To help encourage the parties to stay dedicated to the process, they will each sign an agreement which states that they will not take the case to court.

While it is different from mediation, collaborative divorce shares many of the same benefits as mediation. It's often less expensive and less time-consuming. It also provides an opportunity for parents to create an agreement that they are equally satisfied with instead of leaving it up to the court to decide. Collaborative divorce can even help to improve the future relationship between divorcing or separating parents as they work as a team to decide what is best for their children. While all of this is true, both mediation and collaborative divorce might not be right for everyone, especially when parents cannot agree on what is best for their kids. When arrangements for the children still need to be determined, the case may have to go to court. 

Child Arrangements Orders

After having tried mediation or collaborative divorce, parents are able to instead apply for a child arrangements order with the court. Previously, parents would have to apply for a contact order to determine how much contact the child would have with each parent, and a residence order to determine where the child would live. Today, the issues dealt with in contact and residence orders are now both covered by child arrangements orders. These orders will legally determine how much and what kind of contact a child will have with their parents. The type of contact between an adult and child will be specified as indirect or direct contact. Indirect contact involves connecting with a child over phone calls, written messages, and even gifts. Direct contact involves spending time with a child during times such as visitation or overnights.  Along with contact, child arrangements orders can determine that a child resides with only one parent or that they live with both. It can also state when exactly a child should live with a particular parent and whether it should just be over specific holidays, certain weekends, or other specified dates. 

Before a court can rule on a child arrangements orders, the orders must be applied for by one or both parents. Once an application has been submitted, the applicant will be sent a notice regarding when their first court hearing will be held. Before the hearing, the court may assign the family a special officer from The Children and Family Court Advisory and Support Service (CAFCASS). This officer is cited with the task of talking to the parents to see what they are able to agree on regarding the children. Later, the officer may also interview both parents separately as well as the children to prepare a report for the court to help them reach a resolution on the order. In family court, parents are encouraged to come to their own decisions whenever possible, as it is preferred for parents to formulate their own child arrangements instead of having the court determine it for them. When the court must make a decision, they will take into account several factors before ruling. They will examine the wishes of each child, their emotional and physical needs, and their needs as far as their age, education, and religion. They'll also consider how fit each parent is to meet the needs of each child and to protect them from harm.

Court proceedings surrounding child arrangements orders often vary as far as how long they take. It can take a matter of weeks or even months depending on the case. Along with time, the costs involved in litigating a child arrangements orders will also add up. Lawyer fees, paperwork, and filings with the court can become quite costly if you're not careful. Because of this, know exactly what your lawyer will charge you for. Some lawyers bundle their services for a fixed fee, but others may charge you differently. In some particular cases, you may even be ordered to cover the cost of the other party's legal fees, but this may only ever occur if you break the court's orders or do not attend scheduled hearings. While it's an uncommon occurrence, it is good to be aware that it could happen if you do not cooperate. 

Mediation, collaborative divorce, and child arrangements orders are all possible situations that divorcing or separating parents could find themselves facing. Before entering any of these proceedings, do some further research to determine where you imagine your case ending up. This information is not to be considered as legal advice. Only a lawyer who is trained in family law can help answer legal questions you may have, so do not hesitate to talk to one if you have doubts or important questions. The OurFamilyWizard website has compiled a list of some family law resources across the UK. Click here to learn more about the family law resources in your area.