Settling Family Disputes: Solicitor assisted shuttle mediation

Shuttle mediation is where a third party, known as the mediator, assists the parties in negotiating a dispute. It differs from the traditional form of mediation as, unlike normal mediation, in shuttle mediation, the mediator moves from one room to another. Both parties sit in separate rooms and do not face each other. Please note that shuttle mediation can also take place remotely, and usually, the mediator would not have you both present on the video call at the same time.

When is Shuttle Mediation Suitable?

Shuttle mediation may be suitable if there are concerns with domestic abuse (including controlling and/or coercive behaviour) resulting in an imbalance of power between you and your ex-partner if one person is still finding it difficult to come to terms with the end of the relationship or if there are solicitors instructed to attend mediation (often known as hybrid-mediation). It is a powerful negotiation tool and a flexible method of resolving disputes. Shuttle mediation can be used to deal with one particular issue you may feel is best addressed whilst you and your ex-partner are in separate rooms or to address all the issues in dispute.

Benefits of Shuttle Mediation

Shuttle mediation can be beneficial when emotions are running high and direct communications with your ex-partner are unlikely to resolve the outstanding issues. Being in two separate rooms gives each party the space they need to consider each point and then go back without fear of being at the brunt of their ex-partner’s temper. The messenger at that point is the mediator who is shuffling back and forth between you and your ex-partner. Having your own space can also help you think calmly, which is very important if you are trying to resolve an emotionally charged issue.

Like mediation, shuttle mediation is also confidential. However, having a solicitor with you to engage in negotiations can be very handy as the mediator is unable to give legal advice, and their role is to stay impartial. Whilst receiving legal advice throughout negotiations, we also ensure that all important agreements are recorded so they can be followed up on in open correspondence, which we may need to refer to at court (if we are unable to resolve matters). By having a separate room with your solicitor, shuttle mediation gives you more flexibility and allows you to use the process fully, saving you time, money, and stress in the long run.

Drawbacks of Shuttle Mediation

That said, like with anything, there are drawbacks to shuttle mediation, such as:

• Lack of mediators available to undertake shuttle mediation due to lack of training or personal dislike of the method. Some mediators prefer mediation to take place in the same room to avoid any miscommunications. Therefore, they do not offer shuttle mediation.
•  Lack of availability due to having insufficient space to enable shuttle mediation to take place (as more than one room is required to be free at a time).
• Costs are most likely to be duplicated as the mediator is having to repeat themselves.

Conclusion

Notwithstanding the above, shuttle mediation can be extremely helpful in narrowing disputes and keeping the overall costs low compared to dealing with disputes in court. It is also usually faster than issuing court proceedings as the mediator will have more availability. Whilst mediation is more cost-effective than issuing court proceedings, it is important to bear in mind that shuttle mediation takes longer than normal mediation, so your costs are likely to be higher than those of a traditional form of mediation.

At Birkett Long, we will consider shuttle mediation for children matters (including where the child should live, who the child should spend time with, whether the child can be taken abroad, etc.) and financial matters (including financial orders under a divorce/dissolution). Shuttle mediation is also available for co-habitation disputes and negotiating how assets should be divided between the parties.

At Birkett Long, we welcome shuttle mediation, but it is also vital that you seek legal advice on your position from the outset so you are prepared for mediation (whether you go down the traditional route or shuttle mediation). We discuss the importance of being prepared in earlier blogs. There is little point in negotiating an agreement if it does not protect you or is unlikely to be enforced by the courts.

If you would like to know more about shuttle mediation and how we can help, our family solicitors all offer a free initial 15-minute telephone appointment to discuss your needs. I can be contacted on 01245 453866 or via email at [email protected]