The Difference Between Civil Mediation and Family Mediation

Understanding the Difference Between Civil Mediation and Family Mediation

Mediation is a highly successful tool used to resolve disputes without the need for court intervention. In England, there are different types of mediation for different scenarios and disputes. Civil mediation and family mediation are two of the most common forms of mediation. Understanding the differences between these two is important for anyone working through a dispute, whether it’s a disagreement over a will, a disagreement with a member of your family, arrangements for children or divorce proceedings.

Civil Mediation vs. Family Mediation

Scope and Types of Disputes

Civil Mediation – This type of mediation deals with a broad range of disputes between individuals, businesses, or organisations that do not fall within the family law category. Typical examples include disputes over contracts, property disagreements, personal injury claims, landlord-tenant issues, and disputes between siblings over inheritance or wills. Civil mediation is focused on resolving financial, property, or contractual issues that involve legal issues outside the context of intimate family relationships.

Family Mediation – Family mediation specifically addresses disputes that arise within the context of familial relationships and primarily concerns issues of separation, divorce, child arrangements and financial settlements related to divorce or separation. It aims to help parties reach a mutually acceptable agreement regarding their personal relationships and responsibilities toward each other and their children. Whilst the term Family Mediation and Family law may sound like they cover all family disputes, this area of law and mediation, is specifically in relation to couples who have been in an intimate relation. A dispute between siblings for example or mother and daughter would not be covered under this area.

Legal Framework and Regulation

Civil Mediation – This type of mediation can be unregulated, so it is worth finding a civil mediator who is accredited by a professional body, such as the Civil Mediation Council (CMC). The process is less formal, and the agreements reached are enforceable by court order if necessary. Issues of probate (wills), contract disputes and small claims disputes would fall under this umbrella.

Family Mediation – Family mediation is governed by specific standards set by the Family Mediation Council (FMC), and mediators must be trained to be registered with the FMC. You should always check that this is the case. This form of mediation requires attendance at a Mediation Information and Assessment Meeting (MIAM) before the parties come together to resolve the issues.

Mediation Process

Civil Mediation – Civil mediation tends to be a more flexible and quicker process, usually consisting of one or more sessions that can last from half a day to a full day. It is structured to facilitate communication between parties, often involving direct negotiation to find a resolution.

Family Mediation – This involves structured sessions that may take longer, focusing on the needs and interests of children and other financial aspects of the relationship. In many cases, people attending family mediation will have an ongoing parenting, or sometimes financial relationship. It therefore looks at the future for all parties.

Civil Mediation Examples

• Dispute between siblings over the distribution of inheritance or the terms of a will.
• Conflict between neighbours over property boundaries or noise complaints.
• Business disputes, such as breach of contract or partnership dissolution.
• Disagreements between landlords and tenants regarding repairs, rent, or deposits.
• Small claims, where the other party disputes the claim.

Family Mediation Examples

• Child arrangements and parenting plans after a separation or divorce.
• Negotiating financial settlements related to divorce, including property division and spousal maintenance.
• Resolving issues related to child maintenance.
• Mediating disagreements over living arrangements for children following parental separation.

What Constitutes a Family Law Matter?

Family law matters are specific types of disputes that are focused on the relationships and responsibilities between separating or divorcing couples. These could cover:

Child Arrangements

Family law includes disputes regarding child arrangements, which involve decisions about where a child will live, who they will spend time with, and how parents will share responsibilities.  Key aspects include:

• Child Arrangements – Decisions about who the child will live with and how much time they will spend with each parent.
• Parental Responsibility – Legal obligations and rights regarding the upbringing, education, and health care of the child.
• Specific Issues – Such as issues regarding health, schooling or trips abroad.

Separation and Divorce

Family law also encompasses issues arising from the breakdown of a marriage or partnership, including:

• Divorce Proceedings – The legal process of dissolving a marriage.
• Financial Settlements – Distribution of marital assets, property, pensions, and debts.
• Spousal Maintenance – Financial support provided by one spouse to another post-separation.
• Child Maintenance – Financial support specifically for children’s needs, separate from spousal maintenance.

Civil Disputes Between Family Members – Not a Family Law Matter

It’s important to note that not all disputes between family members are considered family law matters. For instance, when siblings dispute over the terms of a will or inheritance, it is a civil matter, not a family law issue.

As mentioned earlier, it can be confusing as it is, in theory, family members who are disputing, therefore this distinction is important because such disputes do not arise from familial responsibilities or relational breakdowns that require the involvement of the family court.

Summary

It is important to understand what area of law your dispute or issue falls under. And it is not always clear cut. Mediate UK specialises in family law only, ensuring all our mediators are experienced in this difficult and flexible area of law. Give us a call or get in touch to see if your dispute is covered under family law and to see if we can help you reach an agreement and move on with your lives.