Mediation Solicitors

Family mediation is a voluntary process where an impartial, qualified mediator helps couples and families resolve disputes without going to court.

Mediation is often confused with counselling or marriage therapy, but this is a common misconception. Mediation is not designed to bring a couple back together, but rather to help the family progress amid the relationship breakdown. As experienced family solicitors, we have excellent links to local family mediators who can facilitate constructive discussions in a neutral setting.

These discussions can concern financial arrangements following divorce or separation, child custody and parenting arrangements, the division of assets, property concerns, and so on. With hybrid mediation, we are also able to support you during the mediation sessions and offer you legal advice throughout.

Mediation represents a core component of ADR in family law. Mediation puts you in control of the outcome, allowing for more flexible, practical solutions that consider everyone’s needs and interests.

How Does Mediation Work?

The mediation process typically begins with a Mediation Information and Assessment Meeting (MIAM), which is a confidential meeting between you and an appointed mediator to discuss whether it’s suitable for your situation. It’s compulsory to attend an MIAM before issuing a court application, to see whether issues can be resolved out of the courts.

That said, attending mediation isn’t compulsory in the UK, as there are some situations where it may not be appropriate (e.g. domestic abuse cases or where children are at risk of harm). After the initial assessment, it may be decided that mediation is unsuitable if someone’s safety is deemed to be at risk.

If mediation is appropriate, you’ll attend joint sessions with the other party and the mediator. The mediator helps identify the key issues that need resolution and establishes an agenda for discussion. This structured approach ensures that all important matters are addressed.

What Happens if No Agreement is Reached During Mediation?

While our ADR and mediation experts have a high success rate in helping clients reach agreements through mediation, sometimes it isn’t possible to obtain a full resolution. In such cases, any partial agreements reached through mediation can be formalised, thus reducing the list of other matters that still need to be addressed.

Our experienced family team can advise on the next steps and alternative approaches to resolving the remaining issues. If needed, we can assist with court applications for unresolved disputes, or we may recommend other forms of ADR, such as arbitration or private FDRs.

Remember that attempting mediation demonstrates to the court your willingness to resolve matters amicably, which can be viewed favourably even if court proceedings ultimately become necessary.