Frequently Asked Questions

Family mediation is a facilitated, voluntary process where parties in a family dispute (separating couples, parents of children, etc.) work with a neutral mediator to reach mutually agreeable solutions outside of court. It focuses on future solutions and agreements without blame.

Mediation can be quicker, cheaper, and less stressful than court, allows for creative solutions, and promotes better communication thus engendering future cooperation and co-parenting.

Finances, property division, child custody and visitation, contact with grandparents and extended family are all common examples of what can be discussed in mediation.

Mediation is often encouraged before court in some cases, with some exceptions. However, attending a Mediation Information and Assessment Meeting (MIAM) might be required in specific situations but participation is ultimately voluntary.

Costs are usually shared equally, but specific arrangements can be flexible. Legal aid is available in some circumstances.

Typically, it involves individual meetings, joint sessions, and discussions facilitated by the mediator. The number of sessions varies depending on complexity.

The mediator will guide discussions, ensure fair communication, facilitate exploring the issues and explore options for agreement.

It can vary depending on the complexity of the issues and parties' commitment, but typically takes 2-6 sessions.

The mediator helps draft a formal agreement called a Memorandum of Understanding, which can be legally binding if formalised by solicitors and signed by both parties.

Mediation doesn't guarantee an outcome but can clarify issues and prepare parties for alternative dispute resolution like court.

Discussions are generally confidential, but with exceptions like safeguarding concerns or disclosing financial information to the other party or the Court for verification.

Trained mediators can handle conflict, but mediation might not be suitable for all circumstances, especially with abuse or power imbalances.

Do we need solicitors?

Mediation has to be voluntary to be productive but exploring concerns and potential benefits might encourage participation.

• Family Mediation Council: https://www.familymediationcouncil.org.uk/
• GOV.UK Family Mediation Leaflet: https://assets.publishing.service.gov.uk/media/5a800f33ed915d74e33f834d/family-mediation-leaflet.pdf
• Mediate UK: https://www.mediateuk.co.uk/online-miam/?gclid=EAIaIQobChMItaWm0YKXhAMV24hQBh3U0Q3PEAAYASAAEgJRn_D_BwE