Celebrity Confidential! Why mediation can be the answer for high-profile couples

We have heard this week about the many advantages of mediation and how it can help couples deal with the arrangements arising out of their separation in a flexible and respectful way. There seems to be an improved dialogue between lawyers and their clients about mediation as an option which we believe has led to an increase in mediation enquiries, particularly over the last year.

There is no doubt that, in the right case, mediation gives separating couples the opportunity to agree arrangements and a financial settlement much more quickly and cost-effectively than the court process. Mediation provides the opportunity to discuss the arrangements in a safe and private space, supported by lawyers and other professionals if required.

Mediation for those in the public eye

We have particular experience in assisting high profile couples for whom the private and confidential nature of mediation is a particular draw.

Privacy

Couples trying to navigate their separation while in the public eye have long been used to members of the media waiting outside court buildings and reporting snippets of information which they believe they know in respect of the proceedings. The position is only likely to get worse with the move towards transparency in the family justice system. As part of the proposals, it is anticipated that accredited media representatives will be able, not only to attend hearings, but to report publicly on what they see and hear. Media representatives are likely to have access to the paperwork filed within proceedings (which can include personal details of the parties’ relationship and full financial details) and be able to listen to and report on arguments being made in court and oral evidence being given by the parties.

It is perhaps as a result of this, coupled with a renewed focus for many on resolving the issues arising out of their separation constructively and amicably, that we have seen a rise in mediations for high net worth individuals and those in the public eye.

Mediation is a confidential, without prejudice and private process. Members of the press will not know that a couple have agreed to attend mediation, who their mediator is, the days on which they attend, what is discussed in mediation or the outcome. The discussions, the circumstances of the separation and the overall settlement or agreements reached can be kept completely private. We often assist couples, with the help of our reputation management team (or the couple’s own lawyers if preferred), to agree the message, if any, which will be released to the public in respect of the separation and to discuss any non-disclosure agreements or confidentiality clauses regarding the settlement if that is required.

Flexibility

Flexibility of process is one of the benefits of mediation. The couple set the agenda themselves which means that, while the broader issues such as the overall financial settlement can always be discussed, the couple can also choose to address more immediate issues and issues particularly important to them in respect of which the court may not normally deal or deal quickly. For our clients in the sports and media industries, issues may include short or long-term arrangements for children while one or both parties travel frequently for work if filming or competing abroad; the relocation of children for work if starting a contract for a team based outside of the UK; interim financial provision if income streams are irregular and the family’s assets are not otherwise liquid; financial provision if the income is high in the short term but likely to decrease significantly; how royalties will be dealt with; appropriate financial provision at the end of a career and agreeing and messages to be released to the media and on social media.

In addition to the agenda, the couple will decide together the format and location of mediation. For high-profile couples with a number of commitments including international travel, we consider travelling to them to enable to face to face mediation, conducting mediation remotely and hosting in our mediation suite. Unlike the court process, mediation can take place outside of core business hours to suit the couple and any childcare or travel commitments.

A couple also does not have to go into mediation “alone”; in appropriate cases, and if agreed, other professionals can join the mediation sessions, including agents, financial advisors, family members and lawyers.

Improved communication

Mediation helps to encourage a dialogue and improve communication between a separating couple which is particularly important if they are to continue co-parenting together in the future. Mediation is certainly not easy; but it is a private and safe space within which, in a managed and respectful way, a couple can air concerns and concede points in an effort to try to move negotiations on and reach an overall agreement. We see time and time again that, if an outcome is reached by a couple working together, rather than it being imposed upon them by the court, they are more likely able to abide by it.  The benefit of this also includes the ability to agree a message which may be delivered jointly to the couple’s children who will benefit from knowing their parents are on the same page.

In the right case, I believe that mediation is a far better (and cheaper and quicker) forum within which to resolve the practical arrangements following a relationship breakdown. They will be forging new relationships as separated co-parents and their ability to start that journey will be much improved if they have decided on an outcome themselves. Added to this, for those who want to keep details of their separation out of the media or control the message being put out there, mediation provides the opportunity to retain control in what can otherwise be a tumultuous time.

FURTHER INFORMATION

If you have any questions about the topic of this blog,  please contact Connie Atkinson or a member of our family team.

ABOUT THE AUTHORS

Connie Atkinson is a Partner in the family team and has experience of dealing with all aspects of private family work relating to both finances and children. Connie has expertise in cases involving: financial settlements; partnership, company and/or trust assets; international elements such as relocation and cross-border disputes; international surrogacy; arrangements for children; pre and post nuptial agreements. Connie is a qualified mediator and assists as a mediator for clients in respect of all practical and legal issues surrounding family arrangements and divorce.