Mediation in Berkshire

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In Berkshire, as throughout the UK, the Family Court encourages separating families to resolve their disputes without the need for a final court hearing. This range of non-court methods is collectively known as Alternative Dispute Resolution (ADR).

Utilising ADR methods can be quicker, less stressful, more cost-effective, and—crucially—allows you to retain control over the decisions affecting your family, rather than leaving them to a judge.

Here are the key ADR options available to families in Berkshire (including Reading, Newbury, Windsor, Maidenhead, and Slough):

 1. Family Mediation

Mediation is the most common form of ADR and is the mandatory first step before applying to the Family Court in most cases. A qualified, impartial mediator helps both parties communicate and negotiate an agreed outcome on issues like children's arrangements, property, and finances.

• Mediation  Information and Assessment Meeting (MIAM): This initial, mandatory  one-to-one meeting with a mediator in Berkshire will assess the  suitability of your case for mediation and, if required, issue the certificate needed to proceed to court.

• Legal  Aid and Vouchers: Many Berkshire mediation services (such as Berkshire Family Mediation) hold a Legal Aid contract, meaning the process can be free if you are financially eligible. Furthermore, the Government's  Mediation Voucher Scheme offers a contribution of up to £500  towards mediation costs for cases involving children.

• Child-Inclusive Mediation (CIM): With the consent of both parents, a specially trained      mediator can meet with a child to understand their wishes and feelings, which are then relayed back to the parents (with the child's permission) to inform the final agreement.

2. Collaborative Law

 Collaborative Law is a process where you and your former partner each appoint a specially trained collaborative family solicitor (available in Berkshire) to work together as a team.

• Team Approach: All discussions, negotiations, and meetings take place face-to-face with all four people (you, your partner, and your respective lawyers) present.
• Commitment  to Resolution: Both parties and their solicitors sign a Participation  Agreement, committing to resolve the issues without going to court. If the      process breaks down, both lawyers must withdraw, and new solicitors must  be instructed for any court action, which provides a strong incentive to  reach an agreement.

  3. Arbitration

 Family Arbitration is an increasingly popular, court-private process where a neutral third party (the arbitrator, often a senior solicitor or barrister) is appointed to make a final, legally binding decision on your dispute.

• Binding Decision: Unlike mediation, the arbitrator will review the evidence and then impose a final decision, which is legally enforceable by the  court.
• Speed and Flexibility: It is generally much faster than waiting for a court date and allows you and your ex-partner to choose the date, time,      location, and the specific issues to be determined. It offers a private alternative for couples, particularly those with complex or high-net-worth financial matters, who do not wish to wait for the judicial process. 

Feature            Alternative Dispute Resolution (ADR)                                     Family Court Litigation

Control            You retain control over the outcome.                                         A judge makes the final decision.

Cost                   Typically significantly cheaper.                                                       Expensive, with unpredictable legal fees.

Speed                Can be resolved in weeks or a few months.                           Can take 9-18 months, or longer.

Privacy             Completely confidential and private.                                        Public proceedings, less control over details.

Future               Encourages better future co-parenting relationships.    Adversarial, often increases conflict.

  Before making an application to the Family Court in Reading or any other court, it is highly recommended that you consult a local Berkshire-based family law solicitor or an accredited family mediator to discuss which of these non-court options is best suited for your family's unique circumstances.

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Areas covered 

scot Eton Earley Bracknell Caversham Cookham Datchet Finchampstead Hungerford Langley Maidenhead Newbury Reading Sandhurst Slough Sonning Streatley Sunningdale Sunninghill Thatcham Theale Tilehurst Twyford Warfield Windsor Winkfield Wokingham Wraysbury