Remote meetings and hearings are no longer a temporary response to extraordinary circumstances; they are now embedded in the fabric of family law practice. The ability for clients to meet with solicitors, barristers and mediators without the need to travel has transformed how advice is delivered and how disputes are resolved. In parallel, the Family Court has also adapted, with directions hearings in many financial remedy cases now routinely dealt with remotely.
While the pandemic accelerated this shift out of necessity, its lasting impact lies in the recognition that remote working often delivers more convenient and cost-effective outcomes. Online meetings are now part of everyday professional life and this evolution has taken place alongside the rise of a firm commitment by family lawyers to non‑court dispute resolution (NCDR) options, including mediation, private financial dispute resolution hearings and arbitration.
The limitations of resolving family disputes through the court process were well know. The court system should be used as a last resort for separating couples due to the high legal costs, entrenched positions, and prolonged delays caused by limited judicial availability and the closure of courts across the country. For many families, these pressures only intensified conflict at an already difficult time.
Against this backdrop, remote mediation has become the new normal for many couples engaging in this process. The critical question is no longer whether remote mediation works at all, but we should continue to think about when it works best and where its limitations lie.
The benefits of remote mediation
Convenience is the most obvious advantage for most couples. Remote mediation allows separating couples to engage with the process around work, childcare and other commitments, often reducing stress and cost.
Importantly, for some clients the physical distance created by a screen can provide a sense of emotional security. This can be particularly valuable where there are allegations of domestic abuse, or where there is an imbalance of power between the parties. In these cases, remote mediation may not merely be more convenient, but essential to ensuring participation.
However, caution should be taken when using remote mediation as a barrier and protective factor where there are allegations.
Remote mediation has also made it most cost effective to involve solicitors or other professionals at key points in the process. This collaborative approach can help clients feel supported and informed, while keeping mediation focused and productive.
Where challenges can arise
Remote mediation is not without its challenges. Physical distance can sometimes impede the natural flow of difficult conversations. The ability to turn off a camera, mute audio or step away from the screen can make it harder to sustain momentum when emotions run high.
The power of mediation is often the importance of allowing difficult conversations to happen to move forward with an issue that is preventing progress.
In a face to face meeting, mediators can read body language, pick up on nuance and intervene earlier to manage escalating dynamics. When everyone is in the same room, there is a shared commitment to remain present through challenging moments, reducing the risk of discussions stalling or ending abruptly.
When in person meetings might be needed
In my experience, where there is high conflict or a particularly challenging dynamic between a couple, face to face mediation can offer clear advantages. While in person meeting may take longer on average than a remote session (most mediators will limit a session to 90 minutes remotely), the intensity and focus face to face meetings create often lead to progress being made more quickly overall.
That said, moving to face to face mediation should never be automatic. The welfare and safety of the family will always be the priority. The impact of an in person meeting from both an emotional and practical perspective should be carefully assessed and revisited throughout the mediation process. These considerations are integral to effective mediation and should be addressed openly from the outset.
A flexible future for family mediation
The beauty of family mediation is that it is versatile and adaptable for the situation. It is unlikely to be a process which suits itself to being always remote or exclusively in person. Instead, it will be defined by flexibility, professional judgment and a careful assessment of what best serves each individual family. Remote mediation is not simply a technological change as it represents a broader shift towards more accessible and responsive dispute resolution.
For practitioners and clients alike, the challenge and the opportunity is to use the formats thoughtfully and ensuring that the process remains focused on fairness and the long-term wellbeing of the family.
If you'd like to find out more about mediation and how our team of family mediators, contact us today.
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