After court mediation (ACM) is often directed by a Court, or the participants can also agree to attend.  It is designed to provide education about the long term effects to a family of high conflict, mediation where there may be things to discuss and resolve and binding decision making in certain circumstances, when mediation has not been successful. 

It works for those who have an ongoing pattern of conflict. For example, the court may have made decisions about the days and times for children to spend time with their family, but parents or carers have ongoing problems in making the practical arrangements, or dealing with smaller changes to plans.  It helps navigate the ups and downs that parents face, without derailing the entire order.

ACM’s work with parents or carers who have a Parenting Agreement or a Court Order.

What does it cover?

The underlying principle of ACM is to keep a focus on the children’s best interests and to assist parents and carers in making the best decisions they can for their children. It includes the involvement of a named Arbitrator, who will make legally binding decisions, in the event that consensus isn’t possible.

Education

It takes an educational role, recognising the positives and building from there to ensure children can flourish as best they are able.

It is a forwarding looking approach – it tries to draw a line in the sand – there is an emphasis is on recognising a parenting relationship is a new type of relationship and helping that relationship become a problem-solving relationship.

Where decisions for children’s arrangements are required, and the parents are unable to plan without anger, it can have a serious impact on the children’s developmental and psychological needs. The ACM’s involvement aims to reduce the amount of damaging conflict between parents to which their children are exposed. Divorce and separation in themselves need not harm children, what causes them harm and possible ongoing problems throughout their lives is being in the middle of conflict between their parents 

Mediation

Using mediation principles, ACM can improve the family’s immediate, but especially long-term narrative.  It can identify strategies that can effect even small adjustments in functioning that will help set a separated family on an improved track. It can show positive role modelling for children’s management of future relationships and identify triggers and calm rather than stoking the fire.

Binding decision making

If a consensus is not possible, the arbitrator you have pre-named in your agreement will make a binding determination.  All participants must sign up to the inclusion of the arbitrator from the outset, but many never need to use them, having worked together through mediation.

We work with Katie Henry for work involving children, and you can find out more about her here: https://www.no18chambers.com/our-people/barristers?view=barrister&id=34).  For decisions about property and money, we work with Nigel Clarke.  Each of these extremely experience lawyers works with us to keep your fees as low as possible.  You are also free to choose your own arbitrator together. See more about how Arbitration works.

ACM allows parents and carers to move away from continuous court applications to vary or enforce orders, and work together to be the best parents they can be.

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