JANUARY can be a make or break time for couples. Many put their relationship difficulties aside over Christmas, but once the seasonal celebrations are over problems can manifest prompting many into a make or break situation.

For those who decide to separate, mediation is proving a beneficial way to set their arrangements in place and sort out their affairs amicably.

New figures have revealed that couples are now more likely to volunteer for mediation rather than instruct a solicitor straight away.

The National Family Mediation (NFM) service saw the number of non-solicitor referred cases rise to 51% in the first half of last year - a significant increase on the same period in 2013, when 19% of referrals to mediators came from non-solicitor sources.

Stephanie Smith, manager for West Yorkshire Family Mediation Service in Bradford and Leeds, explains changes to Legal Aid and family law resulted in more couples seeking mediation.

"When the Government made all the changes people did not know where to go but they are gradually finding out now and coming to mediation."

She says they have been offering mediation for 30 years but its promotion by the Government is helping to relieve the amount of family work passing through the courts and, ultimately, reduce the costs of sorting out issues which couples should be able to resolve themselves.

"But everybody cannot mediate. People have to be prepared to do it and when they are prepared to do it it works out well. It gives them an arrangement they have agreed themselves and it improves communication," says Stephanie.

Accredited mediator Rachel Spencer Robb, who is a partner and head of family law at LCF Law in Bradford/Ilkley/Leeds says: “Our firm has also experienced an increase in the number of self-referrals with our mediation team seeing double the number of couples compared to the same period last year.

“Interestingly, people who self-refer have much more of a successful outcome compared to those referrals we receive through solicitors, as those clients often believe that they are just jumping through a hoop in order to progress matters to court. It is where clients do self-refer that there appears to be a genuine desire to resolve matters out of court.

“What is important though when it comes to mediation, is for both parties to be given the correct legal advice at every step so that clients are aware of their alternatives if they do not reach an agreement directly between themselves. The ideal would be for couples to have initial legal advice, discussions through a structured mediation process, where areas can be flagged up that need further advice, and then for the solicitors to assist with drawing up the final documents.”

Changes to the Legal Aid, Sentencing and Punishment of Offenders Act introduced in April 2013 mean that couples now have to attend a mediation assessment before applying for a court order. Rachel adds: “The cuts to legal aid mean that far more people are looking to work with a mediator to avoid paying solicitors fees and Justice Minister Simon Hughes has recently announced that from now on, if one of the divorcing parties is legally aided then the first mediation session will now be funded for both parties.

“What is important is that more people resolve issues and reach agreements using a combination of mediation and professional legal advice from a solicitor, and that is something we can provide under one roof at LCF Law.”

Gill Midgley, one of the centre managers at Relate Bradford which offers relationship counselling and other services, says post Christmas is traditionally their busiest time of year for couples seeking to sort out their relationship difficulties.

"Traditionally, after Christmas, we always have increased demand for services for all manner of reasons, particularly where relationships were under pressure prior to the festive season. People tend to put that on one side if they can and try and get the best they can out of the festivities. Obviously things re-surface after or during the holiday period having spent long periods together, that can be another flashpoint so traditionally we are coming into one of our busier times."

Gill welcomes mediation as a way of helping couples resolve problems that arise. "I think anything that gets couples to sit down together and to talk about their issues and make arrangements for how they will respond to financial issues and issues around children and in the best interests of the children it is very positive," says Gill.