What is integrated family mediation (IFM)?
Integrated mediation is a flexible and creative approach to mediation that offers a greater opportunity for families to find a bespoke solution to their issues and for other professionals to support and facilitate both clients’ engagement in the mediation process.
The approach uses the idea from civil mediation, that a successful mediation can include information and support from other people or professionals. The kind of support depends on the needs of the people taking part in mediation, it can be legal advisors, financial advisors, life coaches counsellors or child consultants in mediation.
The term “hybrid mediation” is used by solicitors and Resolution (the umbrella body for family solicitors) to refer to mediation that includes the parties’ solicitors or independent financial advisors. The process is essentially the same as integrated family mediation, or IFM, but will include a wider field of professional support. The information in this text relates to both integrated and hybrid family mediation.
Is IFM new and why now?
No, it’s not really new. The FMA describes it as “a broadening of practice and perspective, of experience and expertise”.
Recently, when acknowledging the backlogs and significant delays that have built in the courts as a result of the pandemic, before which they were already struggling to cope, the president of the Family Division of the courts, Sir Andrew McFarlane, stressed that all parties, legal advisers and the judiciary should have “express regard to all forms of non-court dispute resolution”. Family mediation has long been a popular and successful method to help separating families find solutions to their issues. IFM goes one step further and is becoming more popular as mediators move toward finding more holistic mediation services for clients.
IFM offers an alternative for parties who are worried about coming to mediation on their own. Within this model, their solicitor, financial advisor or debt advisor can be a part of the discussion and can be present to advise and support within the mediation meetings. This approach helps to reduce litigation and reduce the pressure on the courts.
How does integrated family mediation work?
The mediator and the people involved in the mediation will look at the issues and possible conflicts and decide whether third-party input may be useful within the mediation and if so, which other professionals should be invited to the mediation. It is vital to remember, however, that the final agreements in mediation can only be made by the couple attending mediation.
Each family is different and will need a different approach. For example, an independent financial adviser may be invited to one or more mediation sessions where finances are an issue, or a mental health advisor may be invited where one of the couple is vulnerable.
One or both parties may feel that they would be happier to be legally supported during the mediation, in which case lawyers can be involved in any number of mediation sessions.
If it is agreed the parties will bring their individual solicitor to the IFM, the mediator will meet with both parties along with their legal advisors first. Each party will then move into a different room with their legal advisor and will be joined by any other agreed support. In this shuttle-style mediation, the mediator will then move between the rooms to discuss the proposals and come up with options.
What are the benefits of IFM?
Integrated family mediation is suitable for both children and financial cases and there are many benefits to this option:
- Control – individuals may feel more in control and empowered if they have their own ‘team’ of advisors present, particularly if they are vulnerable or were unsure about whether to attend mediation. This can be particularly useful if there is a concern about domestic abuse or an imbalance of power between the couple.
- Complexity – evidence shows that IFM works even in complex situations – for example where there may be complex financial arrangements including numerous houses and business interests. It can be very useful in farming cases if there is a divorce or separation when farms are owned by families or family companies. Also, in children cases where parents may have drug or alcohol issues, their support worker can attend and give up-to-date information about progress.
- Time – this model can reduce the amount of time needed to go between the various advisors for advice. If a lawyer is present, documents such as a consent order can be prepared immediately.
- Cost – whilst there will of course be the cost of the additional professionals chosen, as well as the mediator, and whilst sessions may take longer than simple mediation sessions, they may be able to be consolidated into fewer sessions. There may be fewer sessions with lawyers, for example, as there is no need to meet them to report between mediation sessions. The need for the mediator to produce a memorandum of understanding may also be reduced if lawyers are present. The cost is likely to be less in the long run.
- Certainty – decisions can be made when parties have all the advice they need to make them there at the time.
- Conflict reduction – separate meetings mean that individuals do not have to share space with someone with whom they are uncomfortable, leaving them able to focus on the issues rather than deal with the stress of any conflict.
- Confidentiality – all options can be explored confidentially with the mediator. Some matters can remain confidential between the mediator and an individual.
Family Matters’ mediators are trained in IFM. If you think it will be helpful in your situation, please call us on 01302 369688 or email us at admin@familymattersmediate.co.uk
