Contact mediation during the COVID-19 lockdown

We are receiving an increased level of enquiries from separated parents who are struggling to navigate conversations with their ex-partner or spouse, in relation to contact with their children during the lockdown. 

We at Fiona Bruce LLP are committed to advising as to the options which are available. One such option is mediation. 

Whilst mediators cannot currently engage in round-table meetings with the separated parents, alternatives are available; including video calling options, such as Skype or Zoom. 

Will Mediation work during the lockdown? 

Mediators advise that the process is quite similar to how it would be conducted if meetings were held face to face. The instructing party will be offered an initial assessment meeting, whereupon the Mediator will advise as to the process and what they can expect of the mediation sessions. 

The Mediator will ask the party for further information, to ensure the situation is assessed properly, and there are no risk issues in relation to either the party, or their child. 

At the end of the meeting, the Mediator will confirm whether they believe the case is suitable for mediation. If so, after the meeting they will contact the other parent to conduct a similar meeting. The Mediator will confirm whether upon the information received from the other parent, whether mediation can now be attempted at which point a joint video-call would be proposed at the parents’ convenience. 

Do I have to see the other person? 

The Mediator will need to be able to see each party when conducting the video call. However, there are options available to protect a party who does not wish to see the other. In those circumstances, the Mediator could “shuttle” between the two parties. This would mean that neither parent would be able to see or hear the other. The Mediator will relay the position of the other as clearly as possible, so that they can engage in appropriate negotiations. 

Advantages of Mediation during lockdown? 

In our experience, mediation can be very effective between separated parents who have struggled to engage in positive communication. Mediation provides an opportunity to see if matters can be resolved calmly and without the need for Court intervention. If engaged with appropriately, we can find that the matter can be resolved much quicker, and without significant legal costs being incurred if the matter were taken to Court. 

What do I do after mediation?

If an agreement is reached, the mediator will prepare a document called a Memorandum of Understanding. This document sets out the joint proposals which have been made during mediation. However, this document is not legally binding. 

Any agreement would still need to be placed into the form of a Court Order, to be legally enforceable. 

Our Family Law specialists at Fiona Bruce LLP can advise as to the options which are available to separated parents. If you would like an opportunity to discuss your circumstances with one of our Solicitors please do not hesitate to contact our Practice Development Manager, Richard Bruce, to arrange an initial consultation.