Family Mediation

1. It is conducted by an unbiased third party – the mediator
   The mediator’s job is to facilitate the discussions, help the parties explore all potential options and signpost them where required to sources of professional help, such as legal or financial advice or therapeutic input if of benefit. It is often helpful to families having a third party to facilitate the discussions, as the mediator keeps lines of communication open at a time when they are usually in conflict. The ideal outcome is to separate amicably with your partner, and family mediation can be a more constructive route to achieving this.
2. Both parties are accountable for their decisions
   As helpful as the mediator is in giving legal information and facilitating discussions, they are not able to make any decisions for the parties and cannot force an outcome on them like a Judge can. The benefit of this is if agreement can be reached that is down to hard work and commitment of the parties.
3. It can save the parties money
   Family mediation is often cheaper than litigation. It is very important to take legal advice at the end of the process to make sure what you have agreed fair and is made legally binding, but the parties can limit their legal costs by doing the hard work of getting to an agreement during the family mediation process. This allows them to preserve monies that may have been spent on legal fees for the benefit of the family and their future.
4. It is flexible
   The parties can discuss multiple issues during family mediation whether they are to do with finances, children or isolated one off issues which may crop up. However, if in court, they may need to make numerous application to do so.
5. It is confidential
   Discussions during mediation are on a ‘without prejudice’. This means if family mediation is not successful, what has been discussed cannot be repeated in Court proceedings. As a result, the parties are free to have a completely open and frank discussion about potential settlement options and not fear, as many people do in negotiations that they need to keep their cards close to their chest.

Step one

You will each have initial individual meetings with your mediator, this gives you the opportunity to understand:

• The process of mediation
• How many sessions you may require
• The cost of these sessions
• It also gives you a chance to ask any questions before the process starts, ensuring you’re comfortable with the process and issues that may be discussed. It also allows the mediator to ensure the process is right for you.

Step two

Once you have both agreed to continue with mediation, you will begin the joint mediation sessions. If you are discussing financial matters you will both complete your financial disclosure with the mediator and they will draw up an Open Financial Summary on your behalf. At the end of each joint session your mediator will provide you with a summary of the session with a list of actions required ahead of the next session, and so you can take advice from you solicitor on the discussion which have taken place and options proposed if necessary.

Step three

Once the mediation process comes to a conclusion, a document presenting all the agreed proposals will be given to you. If you are discussing finances this is known as a Memorandum of Understanding. This can be passed on to your solicitor who will put these documents into a legally binding contract known as a ‘Consent Order’. If you are discussing the care of you children your mediator can prepare a Parenting Agreement reflecting what you have agreed.