Mediation

Mediation is a voluntary process and common alternative for divorcing couples seeking to resolve disputes outside of court. In mediation, a neutral mediator helps couples come to an agreement on financial and child-related matters.

What is mediation?

Mediation is a popular method of alternative dispute resolution for many separating couples. It allows both parties to speak openly and freely with a view to exploring and reaching an agreement, with the support of a neutral mediator, without being held to any concessions if the matter ever goes before a court. The mediator encourages a positive and open debate with the aim of negotiating a settlement which can be converted into a legal agreement, and you are able to discuss whatever aspects of your case you cannot agree on, including financial arrangements and the care of your children. 

Mediation is a comparatively cheap and informal process, depending upon whether the parties wish to involve lawyers – it is usually necessary for the parties to have legal advice to shape the discussions and understand what position they can reasonably take. However, it is usual for lawyers not to be present at the mediation itself, which will often involve the two parties and the mediator discussing matters in the same room.  There is no formal timetable or procedure: it is a flexible process which can be shaped to the needs of the parties and their particular circumstances. 

Mediation allows you to stay in control; you are not obligated to agree to anything and can halt the process at any time. 

If you and your spouse reach an agreement during mediation, the mediator will explain how to make it legally binding. Should mediation fail or if you cannot reach a mutual agreement, you will be informed about other resolution options, such as arbitration or court proceedings. 

If you’re considering or going through a divorce and would like to explore methods of alternative dispute resolution to come to an agreement with your spouse, we can help. Click below for a free initial consultation with one of our expert divorce solicitors. 

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Is mediation compulsory? (MIAMs) 

It is compulsory for parties to attend a Mediation Information Assessment Meeting (MIAM) before applying to the family court for certain types of orders concerning children or finances upon divorce, unless they have a valid exception – such as for those who are victims of domestic abuse.

At a MIAM, the mediator provides information about the mediation process and will assess whether mediation is suitable, considering the circumstances of the case.

Parties are only required to attend a MIAM, they are not required to try mediation before going to court. It is therefore argued that those wishing to circumvent mediation will continue to do so, since either party can simply state that they do not feel mediation will be appropriate. 

What are the benefits of mediation?

Mediation can be a very useful and cost-efficient method for separating couples who are willing to negotiate and compromise. As an alternative to seeking a resolution through the family court, mediation has various benefits, including:

• Cheaper and quicker - mediation is typically far cheaper and quicker than going to court.
• Private and confidential -  information shared in mediation is kept private and cannot be shared without consent. Furthermore, discussions held during mediation cannot be held against you in later court proceedings.
• Greater control - mediation provides couples with a level of control unavailable in the family court. In mediation, you can decide how you want to resolve a dispute and you don’t have to accept an outcome you disagree with.
• Reduced conflict - mediation is generally less adversarial than going to court as the focus is on parties communicating effectively with each other to come to an agreement.
• Flexible - parties can tailor mediation to their specific needs and goals in a way which is not possible in the family court.

Is mediation right for me?

As discussed above, mediation has various benefits making it an attractive alternative to going to court. However, mediation relies on the parties’ ability to negotiate and communicate effectively in order to come to an agreement themselves. Therefore, it will not be suitable for certain couples, such as those who have become entrenched in their position, have a power imbalance, or have raised allegations of domestic abuse.

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