What is mediation and how can it help?

Mediation is an entirely voluntary process, aimed at helping separating couples or families with disagreements, reach a mutually acceptable conclusion without the need to formally involve the Court.

Choosing a mediator can be done together, or by one person, with the other then being invited to attend a meeting.

What happens?

Couples or families will meet individually with the mediator at first, to assess the suitability of mediation. In this meeting, the mediator will also provide information about other options available, including Non-Court Dispute Resolution options, and the Court process. This meeting will be confidential to the individual.

If mediation is deemed suitable, the couple or family will be invited to a joint meeting, with the mediator. This is often done in person, with all three in one room, but can also be done by way of shuttle mediation, where the two individuals are in separate rooms, and the mediator “shuttles” between them, or by an online meeting forum.

Meetings typically last between 1 hour and 90 minutes, and whilst there may be an agreed agenda to follow, sessions are primarily led by the couple or family. There may be one session, or multiple sessions, depending on the matters to be discussed, and the progress made at each session.

When agreement is reached, which is satisfactory to both parties, the mediator will record this in a Memorandum of Understanding and Open Financial Statement for financial matters, or Parenting Plan for children matters. Usually, couples choose to take these documents to their respective solicitors for review and ultimately recording in a legally binding format.

Key advantages of mediation

Flexibility and the ability to apply creative solutions to issues are just two of the advantages of mediation. Families are able to discuss and agree solutions that work for them in an entirely bespoke fashion, without the constraints of Court or other processes. It can often be much quicker than attending Court, and certainly more cost effective.

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