What can I expect at family mediation?

Mediation is now the most common option for dealing with financial settlements and arrangements for children during divorce and separation. The focus is on achieving an amicable agreement on these issues with your former spouse under the guidance of a trained neutral mediator, keeping conflict to a minimum.

If you cannot agree the details of your divorce with your spouse, you will normally need to at least consider mediation before you will be allowed to apply to a family court to decide these issues for you. To help you prepare for mediation, the following is what you can expect before, during and after the mediation process.

What happens before mediation

Before you start mediation, you and your spouse will need to attend a Mediation Information and Assessment Meeting (MIAM) with a mediator to see if mediation is suitable for your divorce. You can either attend a meeting together or separately, depending on what works best for you.

At your MIAM, the mediator will explain the mediation process, discuss your circumstances and suggest whether mediation is likely to be effective in helping you achieve the outcomes you need for your divorce.

If you decide to go ahead with mediation, you will then need to arrange your first mediation session with your partner and your mediator. If you decide not to go ahead with mediation, you may need to apply to a family court to decide the details of your divorce instead.

There are certain limited circumstances where you will not need to consider mediation, including where there has been a history of domestic abuse or if your spouse has been declared bankrupt. If you think this may apply to your divorce, it is worth discussing this with your divorce solicitor as soon as possible.

What happens during mediation

Mediation will happen on a session by session basis and typically lasts around 3-5 sessions. In most cases, you and your spouse will sit in a room together with your mediator, but you may also have the option of sitting in separate rooms with the mediator going back and forth between you if you feel more comfortable with this approach.

The mediator will help to guide you through discussing the issues you need to resolve, but they will not give legal advice and will remain neutral. They will act to defuse any potential for conflict and to keep the sessions focused and productive.

If you have children, your mediator may also talk to them (if you agree) to get their perspective and help to make sure that any agreement you reach matches their best interests.

Everything you say in mediation is confidential and cannot be referenced if you or your spouse later initiate court proceedings. This means you are free to make concessions or agree to terms without worrying about weakening your position at any subsequent court hearing.

At the end of each mediation session, you will agree with your spouse and the mediator whether you wish to continue with the process. If you all feel that another session would be helpful, you will then schedule this in.

What happens following mediation

If you reach an agreement through mediation, this will be recorded by the mediator in a ‘memorandum of understanding’. This is not legally binding but can be made so by applying to a court for a Consent Order.

You should have the terms of the memorandum reviewed by your own solicitor to ensure they are fair and meet your needs, especially if you plan to apply for a Consent Order.

If you are unable to reach an agreement through mediation, you can then apply to a court to make a Financial Order and/or a Child Arrangements Order if required.

Speak to us today about using mediation for your divorce

At Atkins Hope, our highly skilled family mediation solicitors can help you to find amicable solutions for your divorce under even the most difficult circumstances. We can also advise on where other options may be more appropriate.

Our Head of Matrimonial Law, Juliet Adelman, is a qualified mediator and Resolution-accredited specialist in Child Abduction and Matrimonial Finances (Advanced). Juliet has specific experience using mediation for challenging issues such as complex assets in financial settlements.

For clear, practical advice on how mediation works and whether it could be the right approach for your divorce, please get in touch with our specialist family mediation solicitors in Croydon, Medway, Blackheath and Guildford now.