Family mediation

Family mediation can be used for single, discrete issues which have become an obstacle to reaching a solution, or it can be used to reach outcomes for a variety of issues arising from a divorce or relationship breakdown.

• Making arrangements for children following divorce or cohabiting relationship breakdown, and how a co-parenting arrangement may look.
• Financial settlements and making arrangements for how assets, income and pensions will be divided following divorce or cohabiting relationship breakdown.
• Deciding who will make a divorce application and when.
• Agreeing the time children spend with grandparents or other family members.
• Reviewing existing financial or child arrangements following a change in circumstances for example, a change of school for a child or a change of location.
• Discussions for pre-nuptial agreements and post-nuptial agreements.

The many benefits to family mediation can include:

• Control & flexibility: The mediation process is extremely flexible and can be tailored to you and your family. You get to decide together the outcomes rather than leaving decisions to a judge who does not know your family.  You can go at whatever pace works for you, whether that is weeks or months.
• Cost & time savings: Typically resolved in weeks or months rather than the many months or years of litigation at court. Mediation is generally much cheaper than other legal processes and the costs of the joint meetings are shared between you.
• Preserves relationships: Particularly valuable if you are co-parenting to promote constructive communication.
• Confidential and private process: Unlike court hearings, mediation discussions are confidential. This can encourage discussions that might not otherwise be possible in the court process.  It is also a useful process for people who would like privacy and discretion.
• Reduced adversarial stress: Mediation fosters a collaborative environment, which can reduce conflict and emotional strain.  Mediation can take place at almost any point within the legal process even if court proceedings have been issued.
• Neutral third parties: A range of neutral experts can be brought into the mediation process if this will assist you to reach outcomes. For example, tax advisers, accountants, financial advisers, pensions experts, divorce coaches and therapists.
• Hearing the voice of the child: All parents are encouraged to take their child’s wishes and feelings into account. We can also work with specially trained child inclusive mediators to ensure voice of the child is directly heard within the process for any issues that directly involve them.

Before most Family Court applications in England and Wales (e.g., financial remedy or child arrangements), parties are required to consider mediation as an alternative to litigation.

The family mediation process would involve the following steps:

1. Initial Individual Meeting
   Each party will meet the mediator individually to consider suitability and discuss the process.
2. Joint Sessions
   If both agree, you will both attend joint meetings to address the issues.
3. Outcome Documents
   Decisions reached are documented in a Memorandum of Understanding summarising the decisions you have made.

For most people agreements will be reached within 3 – 5 sessions, depending on the number and complexity of the issues involved.  Each session is typically 60 – 90 minutes long.

The flexibility of the process means family mediation can generally progress as quickly or as slowly as the couple need.

In a face-to-face joint meeting, yes, you would usually sit in the same room with the mediator.  If you have concerns about this there may be alternatives such as ‘shuttle mediation’ where you would sit in different rooms and the mediator will ‘shuttle’ between you.

In online joint meetings, you would usually appear on the screen together but shuttle arrangements can be made for online meetings if necessary.

Our mediator will discuss any concerns you have and the practical arrangements during the Initial Individual Meeting.