Many couples choose to use mediation or collaborative law to settle divorce matters rather than going through the courts. The mediation process is known for being informal, preserving relationships, encouraging amicable resolution, and letting the parties stay in control of the outcome. For high-profile couples (such as celebrities, influencers, or couples of high net worth), mediation can provide some additional benefits. In this article, we look at what family mediation is and how it may be the best option for high-profile couples going through divorce or separation.
What is family mediation?
Family mediation is a process that can be used to resolve a broad range of disputes or issues which arise in relation to divorce, separation or any other type of relationship breakdown. Typically couples use mediation to resolve financial and practical matters, however, one of the benefits of mediation is that it can be used to raise any matter which parties feel needs to be addressed. Mediation can be a structured way of ‘clearing the air’ - giving parties certainty about the future.
It is important to note that family mediation is not the same as couples therapy or counselling - a mediator will not help you to explore why the relationship broke down or what can be done to restore it. Instead, mediation is designed to help you work through practical matters that will allow both partners to move on with their lives. Mediation is a voluntary process, and parties can decide which matters they wish to discuss - it therefore offers a high level of flexibility compared to the court process.
Benefits of mediation for high-profile and high net worth individuals
Privacy
The British media is invested in the lives of celebrities, with more and more couples falling prey to media coverage as a result of the rise of influencer culture. From well-known business owners to sports stars, many people wish to keep their family and private matters hidden away from the British media. However, a number of family courts and judges allow journalists to attend family and divorce proceedings, which means they can report on what goes on. Mediation offers a solution.
If couples agree to negotiate using non-court processes such as mediation, they can avoid sitting in court before a judge and discussing their private matters in a very public setting.
Freedom
Parties are at liberty to decide what they wish to discuss in mediation rather than having an agenda set by the court. The lives of high-profile couples can be complicated, which means they may need to discuss practical elements that other couples do not. How will business assets be divided? What will happen to shared social media accounts? How will they deal with overseas assets? Whatever matters you need to discuss, mediation provides you with the freedom to discuss these matters openly with a view to coming to a mutually agreeable decision. If you cannot agree, you can always revisit the matter in a subsequent session.
Openness
One of the key benefits of mediation is that negotiations take place without prejudice. This means that whatever you discuss, or any solutions you propose during the process, cannot later be raised in court. It can give parties a feeling of comfort when putting forward solutions, knowing that they will always be kept private. If you wish for a solution proposed during mediation to become binding, your solicitor will document it and later draw up a binding agreement.
When mediation might not be appropriate?
Of course, mediation is not suitable for every couple. Firstly, if there are any issues of domestic abuse or harm to children, mediation is not appropriate. The mediation process involves a high level of negotiation, and victims of abuse should not be required to come to an agreement with a partner they are fearful of. This can have a huge impact on the outcome of negotiations and will negatively prejudice the victim of abuse.
Attending mediation may not be suitable if there is a significant imbalance in power in the relationship, for example, if one partner is not from the UK and does not have English as a first language, or if they are dependent on their partner.
Even more generally, if the relationship has broken down significantly and it is not possible for parties to negotiate or agree, mediation may not be a good option.
Contact our Mediation Lawyer for High-Profile Couples in Central London Today
Mediation can help to facilitate rational discussions between the parties and identify a way forward. For mediation in divorce as a high-profile couple, our specialist mediation lawyer is on hand to provide practical guidance on all of the possible options available to you.
If you are considering mediation as a way to make decisions for the future, contact us today on 020 7387 2032 for legal support 24/7, or complete our online enquiry form.
