Mediation

Family mediation is a process in which an impartial mediator helps divorced or separated people to make decisions about their children, finances and property.

A trained mediator has a neutral role in helping couples to negotiate an agreement, and the decisions made are their own.

Mediation is a unique process and does not involve counseling or therapy. Nor is it arbitration where a third party makes the decisions. No legal or other advice is given. The underlying principle is that agreements reached by people themselves, as experts in what is right for them and their children, are more sustainable than court orders.

What Financial issues can be dealt with?

Everything from maintenance to transfer of property can be dealt with using mediation. However it is imperative that both sides have disclosed all their income and assets to each other and that neither party is "trying it on" as it cannot work.

It is also advisable to have already instructed a solicitor to advise as the mediation process continues to make sure that what is being agreed is legal and does not unfairly disadvantage.

How does it work?

The mediator helps both parties to work out and explore all the options, and to reach an agreement that is usually put in writing. This is not legally binding. People are able at any stage to take legal advice, They are encouraged to consult a solicitor about the final agreement, which can be formalised into a legally binding document or consent order.

Is it confidential?

Mediation is entirely confidential except when some one is at risk of harm. Either party can use the financial information if there are court proceedings. However, discussions trying to reach agreement are "without prejudice" and are therefore legally privileged. This means the discussions cannot be used as evidence of agreement if the negotiations break down before a separation agreement or Consent order have been executed.

How long does it take?

Mediation sessions usually last between one and one and half-hours. The number and frequency depends on the complexity of the issues and the pace with which the parties feel comfortable. On average between three and six sessions are required.

  • What are the benefits?
  • Mediation helps people to:
  • Exchange views and information
  • Listen and be heard
  • Reach their own decisions
  • Reduce conflict
  • Children whose parents reach an agreement through mediation are:
  • Happier
  • More secure
  • More reassured

Mediation is generally cheaper, quicker and less stressful than court proceedings.



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Information on this page is current and last updated: 12/03/2008

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