Mediation in Family Law

What is Mediation?

Mediation is a place where you and your ex-partner can discuss your issues with a trained mediator present who can facilitate a constructive conversation, stop your emotions taking over, try to help you see both sides of the issue and consider practical points you hadn’t thought of. A Mediator does not provide legal advice but can sign post you to other professionals who may be able to help. 

How does it work?

The process can vary to fit the individuals, as with many family procedures, there is no “one size fits all” process. Mediation can be conducted face to face or remotely, it is also possible for you and your ex-partner to be in separate rooms during the mediation. The process is largely as follows:

1. Individual meetings between each person and the mediator. This will provide each person with information regarding the mediation process, costs and how it can help resolve their specific problem.
2. First mediation session. This will be a meeting where your ex-partner will also be in attendance. It is an opportunity to narrow the issues to be discussed and provide any documents required/assess what further documents are to be needed.
3. Further mediation sessions. There can be as many of these as are needed to reach an agreement.
4. Agreement reached the mediator will draft a memorandum of agreement, and this can be provided to your solicitor to draft into a legally binding Order.

What happens after?

It is worth noting that any agreement reached in mediation is not legally binding and should be taken to your legal adviser. A mediator works well in tandem with a solicitor as you can seek legal advice on any parts of your discussion you are unsure of before you agree. Your legal adviser will also be able to advise you on making your agreement legally binding.

Conclusion

Mediation is an incredibly useful tool to separating couples, particularly if they must maintain a relationship following the breakdown of the relationship, for example if there are children involved; it allows each person to have more control over the process and avoids the adversarial nature of court proceedings.

A further very significant advantage of mediation is that it is incredibly cost effective, this is particularly relevant given the current cost of living crisis. 

For further information get in touch with one of our family experts today.