Mediation is often considered where parents wish to resolve disputes about their children without formal determination by a court or arbitrator. It provides a private forum for reaching agreement, allowing the focus to remain on the child and on arrangements the parents themselves consider workable.

Mediation places decision‑making about children in the hands of parents, rather than a judge or arbitrator. For families who can approach the process with genuine intent to resolve the dispute and a willingness to compromise, this is often its greatest strength.

In our experience, mediation works best where there is a clearly defined dispute, a shared understanding of the issues, and a readiness on both sides to engage with informed guidance. In those circumstances, a skilled mediator can move a case to resolution more quickly and with less lasting strain on the parental relationship than other processes.

Mediation is not a single, fixed model. Some cases are suited to joint sessions around the table; others require a more structured or protective approach, with parties meeting separately, advisers present, or additional professional input. The task is to identify the form of mediation that best fits the family’s dynamics and the complexity of the issues, rather than forcing a case into a process that does not suit it.

Clients are advised candidly on whether mediation is likely to assist and, where it is, on the form it should take. Where mediation is pursued, we work with mediators whose experience is commensurate with the seriousness of the case and remain closely involved throughout. Any agreement reached is scrutinised carefully and, where appropriate, reflected in a form the court can approve and give legal effect.

Mediation is not suitable in every case, for example where there are safeguarding concerns, a significant imbalance between the parties, or a history of domestic abuse.

If you are considering mediation in relation to arrangements for your child, early advice can assist in determining whether it is likely to be effective and, if so, how it should be structured. Our children team can advise on the suitability of mediation in your circumstances and on alternative processes where a different approach may better protect a child’s welfare.

• Contact our Children Team