Mediation Advice

Mediation is a guided negotiation by an impartial third party helping each of you to communicate and explore the issues which are important to you. Throughout the process you are encouraged to find ways to address your present and future needs, rather than dwell upon who may have been right or wrong in the past.

The mediation process is without prejudice so that on the rare occasion that a settlement is not reached, litigation may continue without either of you worrying that you may have disclosed anything that the other could use in court.

MMediation is about the practical and legal arrangements you and your former partner make about your children, home, possessions and finances and offers a way of settling disputes after your marriage or relationship breaks down. Mediation is especially beneficial where children are concerned because it may dramatically shorten the period of time required to reach agreement for their wellbeing, thus reducing anxiety, conflict and distress.

How does Mediation work?

Both parties are offered an initial appointment, on a one-to-one basis, to determine the suitability of your case for mediation and to assess whether you may be eligible to receive your mediation for free. At this meeting we will also explain to you the process and principles of mediation which will hopefully allow you to make an informed decision about whether you wish to enter into the mediation process. If both parties agree to enter into the mediation process, an appointment will be made where the mediator meets with you both together in one and a half hour sessions until the process is complete.

Usually you will require about 4 sessions but this all depends on the complexity of the issues that need to be resolved and the willingness of parties to adopt a give and take approach.

Upon agreement/proposals being reached, the Mediator will draw up a Memorandum of Understanding. You may each take a copy of these proposals reflected in your Memorandum of Understanding or Summary Letter and a copy of your Open Statements of Financial Information to your respective solicitors for their comments, before it is submitted to the court in the form of a consent order. If it is appropriate to do so, the court will make orders confirming your arrangements.

The government now expects anyone who wishes to start court proceedings regarding family matters, e.g., orders for contact with a child, or financial orders in divorce proceedings, to first have a meeting with a qualified mediator called a MIAM (Mediation Information and Assessment Meetings).

This regulation has been introduced because it is generally believed that it is better for couples to reach their own agreements rather than go to court, which tends to exacerbate the conflict and is usually more expensive than mediation.

In our experience most couples reach agreement in mediation. Where mediation is deemed unsuitable or one of the parties does not wish to mediate, anyone making an application to court will need to have court documents endorsed by a mediator.

If you are on a low income you may be able to get legal aid to pay for an introductory meeting, which covers the first session of medication even for the party who does not qualify for legal aid, one session that covers both of you, more mediation but only the person who qualifies will be covered or help from a solicitor after mediation to make your agreement legally binding.

If you do not qualify for legal aid, make contact with Mediators in your local area as costs do vary. Some may also only charge based on what you earn so if you are on a low income then you may pay less.

To keep costs low, before you start Mediation, try to agree on as much as you can with your ex-partner and set out how many sessions you can commit to.

The Ministry of Justice set up the Family Mediation Voucher Scheme in response to Covid-19. This scheme is available until 2025 You may be able to get a free voucher worth up to £500 for mediation for eligible families. It is to encourage more people to consider mediation as a way to resolve their family law disputes outside of court.

Only mediators authorised by the Family Mediation Council are taking part in this scheme and it is to help support family disputes without the need of going to court. For further information contact https://www.gov.uk/guidance/ family-mediation-voucher-scheme