Family mediation to help reach agreement

Many separating couples or co-parents would like to come to an agreement about their children disputes but are not able to resolve the issues by themselves. Family mediation can create a safe space to help you reach agreement with the support of highly specialised mediators.

The mediation process and the mediator’s role

Mediation is a voluntary process which the courts actively encourage; in most cases, the applicant will be required to undertake a ‘Mediation Information and Assessment Meeting’ (MIAM) ahead of issuing children proceedings in order to find out more about the mediation process and whether it might help to resolve the dispute in question before proceedings are issued.

If mediation is chosen as a process, the parties meet together with a family mediator to discuss the issues between them.

The mediator cannot impose a decision on the parties. The role of the mediator is to encourage dialogue, help clarify issues and explore options for agreement. If an agreement is reached, this will be recorded in heads of agreement which, although not legally binding, can be converted into a legally binding document, if required.

Advantages of mediation

There are a number of advantages to mediation:

• Almost any family dispute can be resolved in mediation including issues concerning children (such as where they will live, how much time they will spend with each parent and how and where they will be educated). The process is flexible and can be tailored to your specific needs, for instance, you can choose to all sit together in the same room or you can choose ‘shuttle’ mediation; where the mediator ‘shuttles’ between you in separate rooms
• The parties choose the mediator and remain in control of the situation and the decision-making process. This can lead to longer lasting settlements than those which are imposed by the courts
• Mediation can take place at any time, even if court proceedings have already commenced
• Mediation can be significantly less expensive than a formal legal process
• Mediation is entirely confidential, making it an attractive option for parties seeking privacy and discretion
• The parties in mediation can choose to receive advice from solicitors alongside the mediation (and or involve their solicitors in the mediation as appropriate).