Family mediation to help reach agreement

Many separating couples would like to come to an agreement resolving their respective financial claims on divorce but are not able to resolve the issues by themselves. 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 almost all cases, the applicant will be required to undertake a ‘Mediation Information and Assessment Meeting’ (MIAM) ahead of issuing financial 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, you and your partner meet together with a mediator to discuss the issues between you.

The mediator cannot impose a decision on you and your partner. The role of the mediator is to encourage dialogue, help clarify issues and explore settlement options with you. 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 financial and housing arrangements in relation to separation and divorce. 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
• You and your partner 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).