Family Mediation Week – What happens at the end of mediation?

We discussed earlier in the week the process of an individual’s initial meeting (a MIAM). The ongoing joint sessions of mediation (if appropriate) are tailored to a couple’s individual wishes, and so the length and content of mediation can vary hugely.

But what happens if a couple reaches a conclusion within joint mediation sessions?

If a couple reach an outcome with which they are both satisfied, the mediator will record this in a Memorandum of Understanding. This is a legally privileged document, setting out the outcomes reached in detail. This means that the document cannot be relied upon in Court. If the mediation has been to consider financial matters, the mediator will also provide an Open Financial Summary, setting out details of the financial disclosure provided by each person, and the documents used to support this. This document is not legally privileged. If the mediation has been to consider children and the arrangements for the family, the mediator may produce a parenting plan, setting out these outcomes in detail.

Mediation therefore provides a forum for discussion which often results in a written record of outcomes, to be taken forward to a solicitor. This is often quicker, more cost effective and more amicable than other options available, including the option of last resort, Court proceedings.

For more information on mediation, contact Rachel Giles or the Family team.