Family Mediation

Who is Family Mediation for?

Family Mediation is suitable for those who are experiencing a family conflict that needs to be resolved. The issues can be about divorce or separation, for those who are already divorced or separated but need to settle issues concerning children or finances, civil partners who are separating and also for extended family members such as grandparents or in-laws.

What does the Mediator do?

The mediator can help the parties on issues of children, finances and property (amongst other topics) in a confidential process where the mediator remains impartial but helps to facilitate constructive discussion and agreement. The mediator does not make the decisions: the parties do but with the assistance of the mediator as an impartial third party who is able to provide information and guidance to move the process forward.

What is the mediation process?

The mediation process is carefully managed and, after individual meetings known as MIAMS, a joint session will be arranged. In that session, the issues will be identified and, depending on the complexity and range of matters to be resolved, could lead to up to 5 further mediation sessions.

Are mediated agreements legally binding?

When the mediation process has been concluded, the parties will receive a Memorandum of Understanding, which is a record of what has been agreed, and an Open Financial Statement (if finances have been addressed), which summarises the financial disclosure information. If child arrangements have been discussed and agreed, a Child Arrangements Plan can be drawn up.

Research has shown that mediated agreements last longer because of their bespoke nature. The parties are empowered to take ownership of the process, with the help of the mediator, leading to more sustainable agreements.

Although mediated agreements are not legally binding, many people decide to take the agreement (that has been reached and documented in the Memorandum of Understanding) to a solicitor for it to be made into a consent order by a court. A Child Arrangement Plan can be made into a Child Arrangement Order by the Court.

What are the benefits of mediation?

Family mediation is a quicker and cheaper way of resolving issues that arise on the breakdown of a relationship than using lawyers and the courts. Mediation enables and empowers couples to make decisions unique to their situation with the help of a trained specialist and neutral third party. There can also be input from solicitors if necessary for legal advice and to help formulate the agreement at Court if this is desired.

Mediation is a process that can improve communication between parties, leading to an agreement which is more sustainable and workable. It is also a less hostile and adversarial approach than court proceedings and puts the welfare of any children involved first. Mediation encourages the parties to be forward-focused and to work towards a positive future.

It is time...